Our Artificial Intelligence (AI) practice focuses on three key client concerns: the use of AI in support of the practice of law, the rapid and widespread use of AI in our clients’ work and operations, and the burgeoning legal and regulatory requirements for AI. 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 are still developing their uses of these new technologies.
While much of AI legal practice is still in its infancy, BakerHostetler has already developed a track record of 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
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 also include third-party and regulatory requests.
Corpora licensing: We negotiate text and data mining licenses with various content and data owners to enable training general language and fine-tuned data models.
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 impacts, 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.
IP audit services: We guide clients in identifying and capturing the IP assets generated as a result of their development of AI tools, especially the scope of copyright and trade secret protections for collections of data and the algorithms used to analyze and operationalize that data.
ML training counseling: We assist clients in assessing the legal implications of obtaining data and content from public sources to train various machine learning (ML) models, including the copyright fair use implications related to data scraping, as well as building protections against infringing output from various AI applications.
Privacy compliance: We advise clients on EU and U.S. privacy requirements targeted at addressing risks associated with using personal information for automated decision-making leading to potential legal, financial or social consequences for individual consumers or employees.
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, e-Discovery, 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 on existing contractual requirements, business operations, and data collection and use, as well as its intersection with third parties.