We bring knowledge, insight and experience to clients addressing the business impact of artificial intelligence and emerging related digital technologies, as well as the use, protection and ownership of essential data.
What We Do
We advise organizations and their Boards and management teams about a wide range of A.I. related strategies, financings, agreements, uses, transactions, risks, liabilities, disputes, ethical considerations and governance oversight. As data is the “fuel” for A.I., we also advise regarding data use, ownership, privacy, security and domestic and international data regulatory matters.
Our expertise is supplemented by our active participation with a variety of domestic and international organizations and thought leaders addressing the impact of the rapidly developing applications of artificial intelligence on our clients.
We assist clients with the protection (patent, copyright, trade secrets), development, licensing and use of A.I. software assets, and, to the extent applicable, the improvement of the capabilities of those assets through unsupervised (machine) learning as well as the rights to and ownership of A.I. improved output. We advise on the use and rights to data employed in the development of A.I. systems, and the protection and security of that data. We assist clients with the identification of, and compliance with, regulations associated with the development, use and transfer of A.I. assets and related data.
We also assist clients with the analysis of the efficacy and protectability of A.I. software, the licensing of open source and proprietary A.I. software and the development and protection of “software as a service” applications.
Life Sciences and Healthcare
We advise healthcare information and service providers respecting A.I. usage; review of licensing agreements pertaining to A.I. technology; data privacy and security, and FDA review and other regulatory matters regarding the development and use of A.I. software.
Mergers, Acquisitions and Divestitures
We include A.I. usage, performance, licensing, liability and litigation in our due diligence reviews, evaluate and draft A.I. related representations and warranties and consider pricing implications.
Financing and Investment Transactions
We help clients manage their capital raising needs through all stages of the corporate life cycle, from early stage founder and friends and family investments, to growth capital and preferred equity rounds, to initial public offerings and other public capital markets transactions. We also assist clients in their relationships with investors, placement agents, underwriters and other financial intermediaries. Our lawyers have deep expertise and significant experience advising our clients on governance, compliance and disclosure matters. We also assist companies with their employee and consultant equity incentive compensation needs.
Technology & Data Licensing, Use and Development
We assist clients in the preparation and review of licensing agreements, performance representations, liability limitations, data ownership, protection, privacy and security. We assist clients in the commercialization of data, understanding data as an asset, preparation and review of licensing agreements, performance representations, liability limitations, data ownership, protection, privacy and security, risk allocation and mitigation and applicable legal and regulatory matters.
We advise on the formation, composition, duties and responsibilities of advisory and fiduciary boards, and assist clients with advisor and director recruitment. We advise regarding Board oversight of technology including A.I. We review and draft Board and Committee Charters and other governance related documents and policies. We also advise regarding the ethical implications of A.I. use.
Contact: John H. Stout
We assist our clients with A.I. data management, security, automation, joint ventures, distribution agreements, licensing agreements for A.I. assets and due diligence for technology acquisitions and sales.
Contact: Jacob J. Baer
We prepare and review employee non-disclosure, noncompetition and IP nonuse agreements, as well as stock options and related developer compensation. We advise regarding independent contractor and developer agreements, immigration matters and the use of A.I. in various human resource applications, including performance evaluations and hiring, and the legal and regulatory implications of same.
Contact: Teresa M. Thompson
Marketing, Advertising, Trademarks and Big Data
We assist clients in applications of A.I. software to marketing, advertising, big data, search engine optimization, evaluation of online advertising results, as well as consumer analytics and experience. We consider data ownership, use, privacy, security and related legal and regulatory considerations.
- Representation of client which developed an app capable of assessing the carbon consumption of forests and represented the client in completion of financing with a large international environmental fund.
- Represent client that has developed a millimeter wave, A.I.-driven system for detection of coronavirus, filing of provisional patent and procurement of early-stage financing.
- Represent client which has developed a millimeter wave, A.I.-driven system for identification of threatening objects approaching entrances to schools.
- Prepared and prosecuted patent applications directed to human language translations.
- Counseled clients on risk-reduction and risk-mitigation programs related to accessible technology.
- Counseled clients through complying with national and international data privacy laws surrounding big data and A.I.
- Represented healthcare technology client creating A.I.-based software programs to diagnose and propose care for Alzheimers/Dementia.
- Represented digital sporting goods retailer for use of algorithms to evaluate and modify Google online advertising buys.
- Represented client which produced resident safety software system that predicts and responds to resident safety issues in sale to Phillips Health Care Division.
- Represented health care management company in its development of machine-learning based algorithms designed to lower costs and improve health outcomes.
- Represented health care providers in structuring and negotiating licenses for A.I.-based clinical and management support tools.
- Represented client that produces a Bluetooth enabled wireless vital signs monitor on A.I. Software product for predicting occurrence of serious health conditions in patients, and sale to another company as legal counsel of client continues.
- Represented client that develops a mapping and diagnostic A.I. software product for pulmonary conditions.
- Represented client that produces a bedside respiratory monitor which operates on an A.I. software.
- Represented large medical products company in the purchase of a laser diagnostic product.
- Represented investment advisory firm in its development of a robo advisory service for its clients.
- Represented client companies in ADA ligation pertaining to accessibility certain websites and A.I. related scanning devices.
- Represented virtual reality entertainment and corporate services company on corporate formation, equity financing and other early stage commercial and operational matters.
- Represented algorithm-based quant investment fund on intellectual property protection, corporate formation, financing and regulatory compliance matters.
News & Articles
PRESENTATIONS AND RECORDINGS
- “Developing for Mobile: Watch Out for These Legal Issues,” Ann, Ladd, Charles Segelbaum and Michael Ginzburg, The Collider, Rochester, Minnesota, June 12, 2018
- “Artificial Intelligence: Business and Legal Applications,” Minnesota State Bar Association, Corporate Counsel Institute, John H. Stout, March 9 2018
- “Governance Meets Artificial Intelligence,” web recording, John H. Stout, January 2018
- “Licensing and Contracting Issues in A.I.,” web recording, Ann M. Ladd, January 2018
- “Six Reasons A.I. Differentiates Digital Health from Med Tech,” web recording, Jeffrey J. Steinle, January 2018
- “Cybersecurity and the Internet of Things,” web recording, Sten-Erik Hoidal, January 2018
- “A.I. Supported Clinical Decision-Making: Who is Liable?,” web recording, Ryan Johnson, January 2018
- “Is Artificial Intelligence Impacting Registered Investment Advisors?,” web recording, Matt Boos, January 2018
- “Protecting Artificial Intelligence Inventions,” Charles Segelbaum, web recording, January 2018