Artificial Intelligence (AI)

Our Artificial Intelligence (AI) practice focuses on three key client concerns: the use of AI in support of the practice of law, the rapid and widespread use of AI in our clients’ work and operations, and the burgeoning legal and regulatory requirements for AI.

The foundations for BakerHostetler’s AI advice are our client experience, our deep industry and policy involvement, and our scholarship. This experience allows our team to address the realities of AI use and related technological approaches while understanding that our clients are still developing their uses of these new technologies.

Provided a consortium of more than 40 companies with organizational advice centered on AI and related third-party consulting regarding data collection and use, algorithm development, IP ownership and licensing, data privacy and security impact, data lake development, data flows and use of limited data sets and de-identified data, and algorithm application, as well as monetization considerations and related contracting.
Developed internal AI program materials for multinational manufacturer addressing product creation, related audits, partnerships, notices and proposed law.
Counseled various clients regarding use of AI for information governance/record remediation work.
Advised on strategic company planning and contracting guidance related to AI and advanced analytic dashboard development for an organization’s spinoff operations intersecting with cloud storage, data privacy and third-party responsibilities.
Developed internal AI policy and practice materials for contractor and staffing agency with significant privacy policy development intersections.
Advised construction company on application of AI and algorithm strategy for procurement activities and bot negotiations related to commodity purchase, offer and acceptance, as well as related contracting and memorialization.
Developed and provide ongoing advice for the application of New York City’s Automated Employment Decision Tool (“AEDT”) law and requirements for various clients, including the interplay of AI application and employment considerations.
Advised healthcare client on use of AI for product and course-of-care development, including data purchase and sale and related IP protections.
Developed Data Protection Impact Assessment (“DPIA”) tools designed to support U.S. and EU requirements to identify and mitigate risks associated with the use of automated decision-making.
Advised retailer regarding use of AI and algorithm products for resume intake and related hiring considerations.
Participated in and advised on multiple instances of utilization of algorithms and technology-assisted review (“TAR”) in litigation and in the context of e-Discovery production obligations.
Developed internal AI policy and practice materials for pharmacology company/drug distributor.
Advised clients on requirements and strategies to comply with new U.S. state privacy laws requiring the right to optout of automated decision-making affecting consumer and employee data processing activities.
Drafted, supported and led discussions for industry reporting on AI uses and proposed framework.
Advised multiple clients in the copyright infringement, Computer Fraud and Abuse Act, breach of contract, and common law tort implications of data scraping for ML model training purposes.
Sourced data corporate licenses from proprietary and open-source providers for use in ML training.
Advised clients on the liability implications of providing generative AI tools to users, including DMCA platform safe harbor protections and contractual limitations.