Governance, Ethics, and Responsible Artificial Intelligence
Our attorneys work closely with legal, product, compliance, and leadership teams to design and implement responsible artificial intelligence frameworks that prioritize transparency, fairness, accountability, and explainability. We assist in drafting internal artificial intelligence policies, developing cross-functional oversight protocols, and aligning client operations with regulatory expectations such as the Federal Trade Commission's (FTC's) guidance on automated decision-making and global frameworks like the EU Artificial Intelligence Act and Organization for Economic Cooperation and Development (OECD) Artificial Intelligence Principles.
For organizations using artificial intelligence in high-impact areas—such as employment, health care, finance, and education—we provide strategic advice on risk mitigation, helping clients embed explainability, bias audits, and human oversight into their systems. We also advise leadership teams and boards of directors on governance responsibilities and regulatory trends impacting artificial intelligence oversight globally.
AI Transactions and Data Agreements
AI systems are only as powerful—and as lawful—as the data and licensing frameworks that support them. We provide strategic counsel on a broad range of commercial agreements involving AI, including:
- AI model licensing and usage rights
- AI-as-a-service (AIaaS) vendor contracts
- Data acquisition and sharing agreements for model training, including re-training and fine tuning
- Co-development contracts between technology providers and enterprise clients
- Application Programming Interface (API) access and integration deals for AI-enabled services
- Intellectual property (IP) protection and ownership structuring for outputs of generative AI
- Open-source licensing considerations for foundation models and Large Language Models (LLMs)
Privacy and Data Protection in AI
Because AI systems often rely on vast quantities of personal, biometric, behavioral and other sensitive data, privacy compliance is a central focus of our AI practice. We counsel clients on integrating privacy-by-design and security-by-design principles into AI model development and deployment.
Our services include:
- Evaluating compliance with U.S. privacy laws (e.g., California Consumer Privacy Act [CCPA]/California Privacy Rights Act [CPRA], Health Insurance Portability and Accountability Act [HIPAA], and Gramm-Leach-Bliley Act [GLBA]) and global data protection laws, including the General Data Protection Regulation (GDPR) (EU), Lei Geral de Proteção de Dados (LGPD) (Brazil), and Personal Information Protection and Electronic Documents ActPIPEDA (Canada) in the context of AI use
- Advising on biometric and sensitive data usage
- Drafting AI-specific incident response protocols
- Counseling on model robustness, data minimization, and adversarial testing strategies
Our team supports clients in conducting data protection impact assessments (DPIAs), evaluating datasets for training purposes, adding privacy-by-design principles into systems architecture, and drafting disclosures and user consent mechanisms that are clear, compliant, and enforceable.
Workplace AI and Employment Counseling
From algorithmic hiring tools to productivity tracking software, AI is reshaping the modern workplace. Our employment attorneys work in tandem with our AI specialists to help clients:
- Implement compliant AI systems in recruiting, evaluation, and retention
- Conduct "bias audits" and impact assessments for HR-related AI tools
- Navigate emerging Equal Employment Opportunity Commission (EEOC) guidance and labor transparency requirements
- Draft internal policies governing permissible AI use in employment contexts
- Comply with laws and regulations governing the use of AI in employment, such as NY City Local
- Law 144 and the Colorado AI Act
We assist companies in creating clear governance structures for workplace automation and in responding to complaints, audits, and litigation involving AI use in human resources.
AI in Mergers, Investments, and Strategic Transactions
We routinely advise companies and investors in transactions where AI assets are central to valuation or strategic growth. Our transactional support includes:
- Diligence on training data, model provenance, and licensing restrictions
- Review of IP ownership in co-developed or trained models
- Evaluation of regulatory and reputational risks associated with AI deployment
- Structuring of post-acquisition licensing terms, indemnities, and use-case limitations
- Board and executive-level counseling on AI adoption, risk oversight, and legal strategy
Our team supports both buy- and sell-side clients in deals ranging from early-stage venture investments to acquisitions of companies with embedded AI capabilities across digital health, fintech, and enterprise SaaS platforms.
