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.
Intellectual Property
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.
Contacts: Charles D. Segelbaum, Nadja Baer and Zachary S. Pratt
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.
Contacts: Nadja Baer, Ryan S. Johnson and Jeffrey J. Steinle
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.
Contacts: Robert M. Oberlies and Jeffrey J. Steinle
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.
Contacts: Matthew T. Boos, Ryan C. Brauer, Patrick J. Kelly, Kevin S. Spreng and J. Marc Ward
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.
Contacts: Steven E. Helland, Ann M. Ladd and Megan A. Bowman
Governance
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
Human Resources
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.
Contacts: Steven E. Helland and Ann M. Ladd
