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Whether Buyer or Seller: Heed This WARNing

Certain New York Retailers Must Now Establish Workplace Violence Prevention Programs

Your employees, contractors, service providers and joint venture partners are using AI and generative AI (GAI) already, and if you don’t have specific corporate policies governing its use, you open the door to enterprise-wide legal risk. Your competitors are using AI and GAI, too, which could result in a loss of competitive advantage for your company if you don’t also employ AI to improve your business.

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The rapid adoption of AI has companies rethinking how they do business, governments exploring the needs for new regulations and courts setting new precedent for this paradigm shift. Keeping up with the changing technological and legal landscape while still triaging specific issues as they arise requires experienced cross-disciplinary counsel.

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The members of our&nbsp;<a href="https://bakerlawstaging.contentpilot.net/services/artificial-intelligence-ai/">Artificial Intelligence</a>&nbsp;practice have been working with clients at every stage of AI development and adoption. We have helped dozens of clients develop and adapt usage policies that protect data privacy and intellectual property assets, minimize liability risk, and comply with new regulations and industry trends.

Our business, digital, employment, intellectual property, privacy and litigation attorneys can help you build AI/GAI policies that integrate seamlessly into and upgrade your existing policy framework to facilitate the achievement of your business goals. We will work with you to develop an approach to the use of AI and GAI that advances your strategic priorities. We will help you lower your company’s risk of legal exposure from AI and GAI use, and we will vigorously defend you against any threat that does arise, such as government enforcement or litigation.

We help you leverage AI and GAI in ways that protect you from harm and set your company on a path toward greater success through ongoing innovation. We work with you to:

Establish and maintain internal policies and AI programs. We help develop and maintain internal operational structures for our clients that encompass all business units and functions that use or are affected by AI. Not every possible AI use or threat has to be top-of-mind for clients already facing a myriad of issues. BakerHostetler attorneys and practitioners will assist your evaluation of your organization and will help you stay current with AI technology and related legal developments, allowing your organization to quickly adapt as the AI landscape continues to rapidly transform. We will also help you integrate AI into other regulatory and compliance regimes, utilizing data mapping from information governance, privacy and security frameworks to establish and support consistency among your business operations.

Leverage AI for HR. AI can transform the processes and procedures you use to recruit talent and manage your people. Such AI uses can help HR operate more efficiently, but they can also reinforce and perpetuate bias. We help you maximize the former and minimize the latter and assist you in required or helpful third-party audits – often under privilege at the direction of counsel.

Protect and respect intellectual property. AI use can lead to innovation, but leveraging outside content in your AI system can increase legal risk. Permission from content originators may be legally required, and if a vendor is providing the content, it must have secured the necessary rights. We can help ensure your business utilizes others’ intellectual property within legal limits while capitalizing on opportunities to increase the protectability of your own IP assets.

Maintain compliance. State, federal and international laws are continually in flux, generating new and revised government policies with respect to AI and its use. We keep our eyes on the constantly moving targets of AI law and regulation to help you maintain compliance across the board and better protect your enterprise from enforcement action.

Evaluate AI uses. Beyond even the legal and regulatory frameworks for the governance of AI, there are important business considerations involved in its use and creation. With our comprehensive insights into best practices across all industries, we advise clients on processes and procedures to ensure that fairness, privacy, safety and security are top of mind. We also assist clients in evaluating contractual language regarding AI platform purchases, service offerings and their intersection with required regulatory disclosures and third-party API and SDK integration.

Lead the way.Our attorneys have industry experience across broad swaths of the U.S. economy – from healthcare and retail to manufacturing and media. While there are certain bedrock principles that every business engaging with AI needs to integrate and operationalize, every company and every industry is unique. We develop close relationships with our clients, learning everything we can about them. This enables us to tailor our approach to each company’s unique needs and priorities and to the specific characteristics of their industry. For select clients, we commit to a cadence of meetings to aid in course correcting the integration of AI technologies and compliance regimes to help those organizations maximize their chances for success.

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