Artificial Intelligence (AI)

Overview

Our AI practice focuses on two key client concerns – the use of AI in support of the practice of law and the rapid and widespread use of AI in our clients’ work and operations. The foundations for BakerHostetler’s AI advice are our client experience, our deep industry and policy involvement and our scholarship. This experience allows our team to address the realities of AI use and related technological approaches while understanding that our clients may still be catching up to this new reality in practice.

While much of AI legal practice is still in its infancy, BakerHostetler has already developed a track record assisting clients with a variety of AI and related issues, including contract negotiation, IP protections, data privacy and mapping, algorithm development and explanation (transparency), and audit and disparate impact concerns.

Our services include:
  • Agreement and deal advice: We provide clients with benchmarked considerations relating to AI during deal and contracting negotiations. We also draft and negotiate technology agreements and advise on existing agreements.
  • Algorithm transparency: We assist clients with responding to inquiries regarding their construction and use of AI and related processes, which includes third-party and regulatory requests.
  • Expert, officer and employee training: We support clients with foundational knowledge regarding AI and related processes, including data assembly, AI and algorithm operation, audit practices, potential for disparate impact, and related contractual and regulatory obligations.
  • Information use: We advise clients on the information feeding into AI and related processes, addressing concerns that the value associated with AI may rely heavily on the underlying data.
  • Special projects: Multinational clients demand additional knowledge and varied experience. Our multidisciplinary teams combine significant multinational experience to address cross-discipline AI projects that involve data privacy, data protection and security, eDiscovery, litigation readiness, and information governance issues.
  • Strategy development: We work with clients to determine how they can use AI and related processes within their organizations, including the potential impact to existing contractual requirements, business operations, data collection and use, and third-party intersection.

Select Experience

  • Provided a consortium of more than 40 companies with organizational advice centered on AI and related third-party consulting, regarding data collection and use, algorithm development, IP ownership and licensing, data privacy and security impact, data lake development, data flows and use of limited data sets and de-identified data, algorithm application, and monetization considerations, and related contracting.
  • Advised on strategic company planning and contracting guidance related to AI and advanced analytic dashboard development for an organization’s spinoff operations, intersecting with cloud storage, data privacy and third-party responsibilities.
  • Advised construction company on application of AI and algorithm strategy for procurement activities and “bot” negotiations related to commodity purchase, offer and acceptance, and related contracting and memorialization.
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Experience

  • Provided a consortium of more than 40 companies with organizational advice centered on AI and related third-party consulting, regarding data collection and use, algorithm development, IP ownership and licensing, data privacy and security impact, data lake development, data flows and use of limited data sets and de-identified data, algorithm application, and monetization considerations, and related contracting.
  • Advised on strategic company planning and contracting guidance related to AI and advanced analytic dashboard development for an organization’s spinoff operations, intersecting with cloud storage, data privacy and third-party responsibilities.
  • Advised construction company on application of AI and algorithm strategy for procurement activities and “bot” negotiations related to commodity purchase, offer and acceptance, and related contracting and memorialization.
  • Advised healthcare client on use of AI for product and course-of-care development, including data purchase and sale and related IP protections.
  • Advised retailer regarding use of AI and algorithm products for resume intake and related hiring considerations.
  • Participated in and advised on multiple instances of utilization of algorithms and Technology Assisted Review (TAR) in litigation and in the context of eDiscovery production obligations.

Recognition

  • Noted Practitioner, Chambers & Partners – USA & Global (2018-2019)
    • James Sherer

News

News

Memberships

  • James Sherer, Track Chair and Moderator, “Artificial Intelligence and the Law,” American Bar Association and New York State Bar Association Annual Conference (2017).

Key Contacts