Emerging Technology

Overview

A tidal wave of groundbreaking, emerging technologies is transforming all aspects of business, including data analytics, machine learning, natural language processing and other types of artificial intelligence (AI); smart contracts; the Internet of Things (IoT); digital media; and blockchain. These technologies present client opportunities and challenges that, in turn, require rigorous analysis and careful evaluation of practical uses and the accompanying range of potential legal risks.

Our multifaceted approach to the use of emerging technologies by and for our clients utilizes tech-savvy attorneys and technologists and our innovative IncuBaker R&D team. BakerHostetler is among the nation’s leaders in considering these technological changes and their effects on business and legal practices. Our approach specifically addresses clients’ legal needs and also underpins the BakerHostetler attorneys and professionals who use some of the same emerging technologies for client work and in support of the practice of law.

Few firms have invested as much time and resources into evaluating emerging technologies available to corporate legal departments and their respective businesses. Our investments allow us to maintain a deep understanding of respective technology marketplaces, act as a voice of reason, and partner with our clients to optimize their operations, avoid emerging challenges and help them build businesses with digital foundations.

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The Emerging Technology team’s 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, advise on existing agreements and consider the appropriate application of smart legal contracts.

Algorithm transparency: We assist clients with responses to inquiries regarding their construction and use of AI and related processes, which includes third-party and regulatory requests.

Blockchain and digital currencies: We help clients navigate the broad array of legal issues presented by blockchain technology and the rise of digital currencies. We advise clients that are deploying blockchain-enabled solutions or developing or using virtual currencies, and our firm also serves as a national leader in the drive to adopt blockchain technology and standardize its use in the legal industry and beyond.

Expert, officer and employee training: We provide clients with foundational knowledge regarding AI and related processes, including data assembly, AI and algorithm operation, audit practices, the technologies’ 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 with the balance between the value associated with AI and use of the AI processes’ 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, e-discovery, litigation readiness, and information governance issues.

Strategy development: We help clients determine how to 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.

Emerging technology workshops: We conduct workshops with clients using collaborative design thinking sessions to provide educational introduction to legal technology, conduct current state assessments and build future state road maps to assist clients with developing a digital transformation strategy.

Select Experience

  • Provided a client consortium with focused advice on AI and related third-party consulting regarding data collection and use, algorithm development, intellectual property (IP) ownership and licensing, data privacy and security impact, data lake development, data flows and the use of limited data sets and de-identified data, algorithm application, monetization considerations, and related contracting.
  • Advised on planning and contracting guidance related to AI and advanced analytic dashboard development for an organization’s spin-off operations, intersecting with cloud storage, data privacy and third-party responsibilities.
  • Advised on the application of AI and algorithm strategy for procurement activities and “bot” negotiations related to a commodity purchase, offer and acceptance, and related contracting and memorialization.
  • Advised on the use of AI for product and course-of-care development, including data purchase and sale and related IP protections.
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Professionals

Name Title Office Email
Associate New York
Chief Information Officer
Chief Information Officer Cleveland
Partner New York
Associate Atlanta
Partner Cincinnati
Associate Atlanta
Partner Washington, D.C.
Associate Seattle
Partner New York
Counsel Columbus
Director of Practice Services
Director of Practice Services Cincinnati
Partner Seattle
Counsel Chicago
Associate Houston
Associate Seattle
Partner Philadelphia
Partner San Francisco
Partner New York
Associate New York
Partner Cincinnati
Partner Cleveland
Associate Washington, D.C.
Associate Los Angeles

Experience

  • Provided a client consortium with focused advice on AI and related third-party consulting regarding data collection and use, algorithm development, intellectual property (IP) ownership and licensing, data privacy and security impact, data lake development, data flows and the use of limited data sets and de-identified data, algorithm application, monetization considerations, and related contracting.
  • Advised on planning and contracting guidance related to AI and advanced analytic dashboard development for an organization’s spin-off operations, intersecting with cloud storage, data privacy and third-party responsibilities.
  • Advised on the application of AI and algorithm strategy for procurement activities and “bot” negotiations related to a commodity purchase, offer and acceptance, and related contracting and memorialization.
  • Advised on the use of AI for product and course-of-care development, including data purchase and sale and related IP protections.
  • Advised a retailer regarding the use of AI and algorithm products for resume intake and related hiring considerations.
  • Participated in and advised on multiple instances of the utilization of algorithms and Technology Assisted Review in litigation and in the context of e-discovery production obligations.
  • Advised on a joint venture for research and development in the fields of machine-to-machine communications and IoT.
  • Advised on the implementation of telematics systems for a client fleet application, where the telematics systems monitored and optimized vehicle geolocation data. Evaluated state event data recorder law and related privacy considerations for necessary disclosures and notices, and other risk-mitigation practices.
  • Represented an automobile device manufacturer before the Federal Communications Commission (FCC) in multiparty connectivity enforcement matters for spectrum use compliance concerns, including FCC Part 15 device compliance.
  • Counseled multiple companies regarding the evolving regulatory landscape for token-generating events such as initial coin offerings.
  • Advised multiple cryptocurrency industry clients on the Gramm-Leach-Bliley Act, federal and state money services business registration, Bank Secrecy Act compliance, and consumer protection, privacy and cybersecurity matters.
  • Created future state road maps for clients across various industries to embrace and implement emerging technologies focused on contract management, smart legal contracts, litigation analytics and legal hold management solutions.
  • Developed an automated smart legal contract for the freight transportation industry; specifically, computing fuel surcharge calculations.

Recognition

  • BTI Cybersecurity Powerhouse (2020)
  • BTI CyberSavvy Law Firm (2020)
  • Chambers Global
    • Privacy & Data Security (USA) (2014 to 2020)
    • Privacy & Data Security: Healthcare Spotlight Table – Nationwide (2018 to 2020)
  • Chambers Fintech
    • Legal – USA (2018 to 2020)
  • Chambers USA
    • Advertising: Transactional & Regulatory – Nationwide (2018 to 2020)
    • Privacy & Data Security – Nationwide (2013 to 2020)
    • Privacy & Data Security: Healthcare Spotlight Table – Nationwide (2018 to 2020)
  • Chambers USA Award: “Privacy & Data Security Team of the Year” finalist (2015, 2017)
  • The Legal 500 United States
    • Media, Technology and Telecoms: Advertising and Marketing: Transactional and Regulatory (2018 to 2020)
    • Media, Technology and Telecoms: Cyber Law (2016 to 2020)
    • Media, Technology and Telecoms: Data Privacy and Data Protection (2016 to 2020)
  • Law360: Privacy "Practice Group of the Year" (2013 to 2015, 2018)

News

News

Press Releases

Key Contacts

Blog

In The Blogs

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Blockchain Monitor
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By Jonathan A. Forman, Teresa Goody Guillén, Robert A. Musiala Jr.
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Blockchain Monitor
Cryptocurrencies: Forensic Techniques to Meet the Challenge of New Fraud and Corruption Risks
By Teresa Goody Guillén, Robert A. Musiala Jr., Veronica Reynolds
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Over the past 11 years, cryptocurrencies have slowly but steadily become more integrated with the mainstream financial system. Like any new technology, cryptocurrencies usher in advantages as well as risks. And as with any new technology...
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