Artificial Intelligence (AI)

One of the primary concerns companies across all industries have regarding AI is employee use. For example, in highly regulated sectors, including healthcare and financial services, errant use of AI can result in noncompliance with federal and state data privacy regulations, such as HIPAA and GLBA. Bradley’s AI lawyers work hand in hand with clients to understand their businesses and unique concerns to assist in drafting corporate policies that speak to the use and scope of AI in the workplace. We also vet existing policies to assess for and close gaps that could create risk exposure. 

Companies are turning to AI for recruitment decision-making, digitizing job candidate data and running this data through AI systems to assist in candidate selection. Bradley’s AI attorneys can review a company’s practices to ensure compliance with jurisdictional disclosure requirements by state and municipality. We also proactively assist and defend against companies whose use of AI may give rise to employment discrimination claims. 

Whether our clients are contracting vendors to develop AI systems or leverage third-party AI to analyze client data, our attorneys can assist in drafting and reviewing vendor agreements to reduce liability, protect innovations, and secure sensitive data. We work as trusted advisors with our clients to understand their business needs and risks so that they can manage their vendor relationships with peace of mind. 

The highly regulated area of healthcare is quickly transforming as patient data becomes digitized and fed into AI systems that can aide in practitioner decision-making, including diagnosis and plans of care. Furthermore, wearables (such as smartwatches) are empowering patients to passively capture healthcare data that practitioners, with the assistance of AI, can use to remotely monitor and assess patient health and to evaluate treatment progress. Additionally, telehealth continues to become a commonplace mode for care delivery, and innovations in this area (such as virtual assistants) are expected to revolutionize this space. 

Our AI team has deep experience working with all types of healthcare providers, from large hospital systems to medical device manufacturers. We counsel these clients regarding the use of AI technologies to help them innovate to further their business goals, improve patient outcomes, and avoid pitfalls, including risk exposure due to noncompliance with healthcare and data privacy regulations. 

The IP attorneys in our Artificial Intelligence team assist clients with securing intellectual property protection related to AI systems and AI-generated content. We understand the nuances and challenges of applying for software IP protection and have a track record of successfully obtaining such protection to help clients maximize the value of their IP. We also are experienced in drafting licensing agreements for AI-related IP.

Should disagreements arise among parties regarding use or ownership of AI-related IP, our skilled litigators can aggressively assert or defend client IP protections in domestic and international venues to fend off infringement.

The adoption of AI within the financial sector has the potential to create sweeping changes for all types of entities, including banks, lenders, private equity firms, and fintech companies, among others. For example, mortgage lenders have begun to feed digitized consumer data into AI systems to assist in the lending decision-making process. Meanwhile, a variety of investment firms are using AI to evaluate investment opportunities.  

Bradley’s AI lawyers have deep financial services industry experience and can help financial institutions navigate laws and regulations as they pertain to AI. We can help clients assess their selection of AI technologies to proactively prevent and litigate against claims of discrimination in the use of AI for lending decision-making, patent and license proprietary AI innovations, and compliance with confidentiality and disclosure requirements as they relate to AI. 

As more companies adopt AI, new risks emerge. For example, a construction company seeking to use automated vehicles that rely on AI may benefit from policies that include language that covers AI-related liabilities. Our team can assist companies in selecting and negotiating insurance policies that speak to their unique AI risks, including risks associated with injury, property damage, and cybersecurity and data privacy, among other areas. We also work with insurance providers to help them develop policies that include coverage for AI-associated risks.