Artificial Intelligence

Representative Experience

Litigation

• Representing generative AI platforms in litigation, including defending one of the first suits against an AI platform for copyright infringement, DMCA, right of publicity and unfair competition
• Representing companies in pre-litigation disputes regarding use of training data for tuning customized models
• Counseling regarding AI platforms and users of AI platforms regarding fair use and litigation avoidance
• Counseling on use of generative AI platforms in HR and employment related matters

IP and Technology

• Advising clients on appropriate parameters for the procurement and use of publicly available and user-generated content as AI training data, including laws around scraping and anti-scraping measures
• Advising clients on trade secret, privacy, and data security implications around use of generative AI
• Assisting companies using generative AI for code development in managing open source risks
• Assisting AI companies in obtaining patent protection
• Assisting AI companies in ensuring freedom-to-operate
• Advising clients on issues of copyright authorship, ownership, and protection for AI-generated works
• Advising clients on other potential IP issues (trademark, trade secret, right of publicity, copyright, DMCA, Computer Fraud and Abuse Act) relating to the input of training material into AI models and the output generated by AI tools in response to user prompts

Commercial

• Advising on policies for use of third-party generative AI tools and associated risks
• Advising on customer agreements for products/services incorporating third-party generative AI tools
• Advising on diligence matters regarding possible use of generative AI tools by vendors and acquisition targets
• Advising on representations and warranties in various types of transactional agreements around use of generative AI
• Negotiating commercial agreements on behalf of and adverse to providers of generative AI tools
• Advising providers of generative AI tools on revisions to their terms 
• Assisting AI companies in data and content licensing agreements (both inbound for training and outbound) and related licensing and pricing models
• Assisting AI companies in bespoke commercial agreements relating to ownership of outputs and custom models
• Conducting diligence on various AI platforms and providing an overview and advice relating to each platform’s terms of services, including identification of terms that clients might find problematic

Regulatory

• Assisting AI companies in establishing ethical use of data and AI acceptable use policies
• Advising on compliance with data privacy laws in connection with the use and development of AI products and services, including relevant privacy policy disclosures, responding to individuals’ data requests and performing data protection assessments
• Counseling on regulatory obligations and proposed regulations, including Federal Trade Commission (FTC) nondiscrimination rules, FTC labeling rules, California chat bot rules, and foreign jurisdictions banning and limiting AI platforms
• Representing companies and individuals responding to members of US Congress about AI and the impacts of legislation and regulations on innovation
• Advising on compliance with international AI laws and legislation, such as the European Union’s draft Artificial Intelligence Act
• Assisting companies with development of AI principles and frameworks
• Providing comprehensive and timely guidance through CooleyREG, our innovative approach that brings together regulatory practitioners from across the firm to help clients navigate every regulatory twist and turn

Corporate

• Representing leading high-growth companies across the entire AI ecosystem in various corporate transactions from financings to M&A and private equity transactions to capital markets transactions
• Representing companies and funds on investments in, and acquisitions of, AI companies and technologies
• Representing the world’s leading venture funds in their investments in AI companies
• Advising on AI disclosures in public filings with the SEC