We work with clients to determine how they can use AI and related processes within their organizations, including the potential impact on existing contractual requirements, business operations, and data collection and use, as well as use of AI by and through third parties. Our clients seek guidance on AI projects while balancing data privacy, data protection and security, litigation, and information governance considerations.

We create plans for organizations to understand what AI laws and regulations apply and steps for compliance.

We help identify potential pitfalls and liabilities with AI use, such as compliance, discrimination, bias, and ethical evaluations, and assessing and implementing risk mitigation strategies.

We help draft and negotiate agreements, addressing limitations on use, specialized contractual terms, specific use of data in training and rights in AI output. This includes responding to third party inquiries and security questionnaires regarding AI uses and practices. Companies using third-party generative AI tools may also face legal, practical, and reputational risks due to the provider’s noncompliance, and we assist through contracting and operations risk mitigation efforts

We advise clients on EU and U.S. privacy requirements related to the use of personal information for automated decision making leading to potential legal, financial, or social consequences for individual consumers or employees. Data subjects may also make requests (data subject access requests (DSARs)) regarding the use and removal of their information. Numerous privacy laws provide these individuals the right to access, delete, and correct their personal information, which may be difficult where the personal data has been absorbed into the AI models and systems.

Security cannot be ignored in developing AI models, and we help organizations establish internal controls and white papers for AI use while considering unique ways to keep that information protected from unauthorized use

We have drafted many AI policies and worked with AI development teams to create sound playbooks for internal operational practices for the Technology Teams.

We assist with board and management education and reporting on AI impact and strategy. We help establish clear roles and responsibilities for accountability and transparency in AI projects.

With any new technology, employees, IT and data analytics teams, and management must be trained on AI use, ethics, and risk mitigation efforts. We support clients with foundational knowledge regarding AI processes, including data assembly, AI and algorithm operation, audit practices, potential for disparate impacts, and related contractual and regulatory obligations.

We assist clients in assessing the legal implications of obtaining data and content from public sources (e.g., web scraping to third party data acquisitions) to train various machine learning (ML) models and various AI applications. Training data may include personal data that was collected in violation of privacy laws, which may negatively impact the AI model
and derivative uses

As leaders in insurance markets, we help at no cost to our clients evaluate their insurance policies to address AI uses and coverage with insurance carriers.

The Beckage Firm assists in responding to inquiries from regulators on AI practices.

We respond to data security incidents involving AI (e.g. use of AI by threat actors, or threat actor’s impacting AI systems resulting in data loss or disclosure or modification of AI for unintended consequences).

It is difficult for organizations in this fast-emerging technological landscape to understand and assess risk of AI use in mergers and acquisitions. Our tech lawyers and AI technologists and professionals can assist with due diligence measures.