Phillips Lytle brings together a multidisciplinary team of attorneys to address the impact of this transformative technology.
AI’s rapid proliferation into all aspects of business operations means that companies also need to be on the fast track of understanding the implications of AI, as well as adapting their various policies and procedures to stay ahead.
Phillips Lytle’s AI Team is part of the firm’s Technology Industry Team — comprised of attorneys with significant credentials and recognition in the marketplace for their technological prowess.
Our attorneys have a broad range of certifications, including CIPP/E, CIPP/US, CIPM, FIP, MIT Sloan + CSAIL Artificial Intelligence, and Berkeley Law AI Institute. In addition, our attorneys are sought after for national speaking engagements and original, published works.
Our AI Team assists clients on a diverse range of AI-related matters:
Some common types of AI include generative AI, robotics, speech recognition, biometric technologies, machine learning, deep learning, natural language processing, virtual agents, decision-making and autonomous systems.
Generative AI is a type of artificial intelligence that uses the data it was trained with to create (or generate) new content, including text, images, audio, video and software code. One of the most well-known examples of generative AI is ChatGPT.
Artificial Intelligence is not a new technology. Machine learning and automation (e.g., robotics) have existed for decades. Recent developments in AI, most notably, with generative AI, have made AI more powerful and accessible.
Data privacy, security risks, intellectual property issues, ethical concerns, bias and discrimination, regulatory compliance, misinformation and deep fakes, and job displacement are among major concerns related to the continued growth and adoption of AI. Businesses should also consider AI’s impact on its employees, its processes, its contractual obligations, its compliance programs, its data privacy obligations and its risk management strategy.
AI creates questions regarding use and ownership of IP. Users must ensure they have appropriate rights to use AI-generated content which includes an understanding of third-party IP rights, contractual obligations, and applicable IP laws related to ownership. Ownership of IP is dependent on applicable law, contract terms and the manner in which AI is used to create content. Businesses should consider addressing intellectual property with an internal policy that aligns with its objectives related to IP use and creation, as well as reviewing applicable contracts related to its AI use.
Presently, AI is best suited for repetitive, data-driven tasks based on pattern recognition and prediction. Generally, humans are better suited for strategic decisions, personal interactions and ethical assessments. Businesses should consider integrating AI in such a way as to optimize collaboration between AI and humans. Both humans and AI can be assigned tasks to best utilize the best attributes of each with the goal of increasing efficiency and accuracy, enhancing decision-making and freeing up humans for high-value work, while using AI for more routine tasks. Businesses should have an internal policy to clearly define the role of AI and the appropriate use of AI, in addition to oversight and audit procedures.
If using a third-party AI model, you should read the applicable contractual terms and conditions to understand how the model can and cannot use your data. AI-models use input to train, and you do not want to expose confidential information. You should have knowledge of all applicable contractual obligations and data privacy regulations and ensure use of an AI platform is in compliance with all such obligations. An internal policy governing the use of AI and strict access controls could help with compliance.
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