Artificial Intelligence (AI)

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With a rapid pace of adoption, artificial intelligence (AI) platforms and applications are becoming widespread in nearly every industry. While these tools unlock great potential, their unchecked use presents many challenges. For example, employees without adequate training could be entering sensitive information into web-based AI platforms in violation of privacy laws, using copyrighted images without permission, or relying on AI-generated outputs that include erroneous information or hallucinations. 

Human resource systems that utilize AI (such as applicant screening, employee monitoring, or job performance review software) pose a risk of inaccuracy and bias, exposing a business to lawsuits for discrimination or wrongful termination. It is crucial for businesses to understand how AI is being used both within their organizations and by their third-party service providers in order to protect sensitive information (e.g., trade secrets), limit contractual and other forms of liability, and navigate the emerging legal and regulatory landscape. 

Saul Ewing helps clients in a variety of industries, including technology, higher education, health care, and life sciences as they consider the legal implications and business impacts of AI. We advise on responsible AI adoption, risk mitigation, and the interplay between AI and issues such as employment practices, intellectual property rights, the protection of confidential business information, privacy and data security, and commercial transactions. Saul Ewing’s AI team brings together attorneys who understand the workings of Large Language Models (LLMs) and Machine Learning (ML) tools from our Intellectual Property, Cybersecurity & Privacy, and Labor & Employment practices. We closely monitor legal and technological developments in this evolving space, and frequently publish articles and participate in industry events. 

Our work includes:

  • Corporate Policies: Advising on the use of Generative AI platforms in the workplace, including navigating intellectual property, privacy, and data security issues; drafting and implementing policies concerning employee use of AI
  • Contracts: Reviewing and negotiating commercial contracts involving the use of AI services and tools
  • Intellectual Property: Advising on the use, documentation, and disclosure to the U.S. Patent and Trademark Office or U.S. Copyright Office of AI in the creation of works of art or inventions.

 

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Matthew D. Kohel
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