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 Cincinnati
Counsel New York
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 New York
Associate New York
Partner Cincinnati
Partner Cleveland
Associate New York
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

  • Chambers Global: Privacy & Data Protection (USA) (2014 to 2019)
    • Chambers USA: Nationwide Privacy & Data Security (2013 to 2019)
    • Chambers USA Privacy and Data Security - Healthcare Spotlight Table (2018 to 2019)
  • Chambers USA Award: “Privacy & Data Security Team of the Year” finalist (2015, 2017)
  • Chambers Fintech: Legal – USA (2018 to 2019)
  • The Legal 500 United States (2016 to 2019)
    • Media, Technology and Telecoms: Data Privacy and Data Protection, Tier 1
    • Media, Technology and Telecoms: Cyber Law, Tier 2
  • Law360: Privacy "Practice Group of the Year" (2013 to 2015, 2018)
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

News

News

Press Releases

Key Contacts

Blog

In The Blogs

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Blockchain Monitor
Navy Awards Blockchain Contract, Crypto Loyalty Programs Advance, Australia Releases Blockchain Strategy, US Warns on Crypto AML and Continues Enforcement
February 14, 2020
In this issue: • Blockchain Enterprise Applications Continue to Emerge Across Industries • Crypto Loyalty Rewards, Custody and Stablecoin Initiatives; Equity Swap on Blockchain • Anti-Money Laundering a Global Concern; Australia Releases...
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Blockchain Monitor
SEC Commissioner Peirce Unveils ‘Token Safe Harbor Proposal’
February 13, 2020
On Feb. 6, during a speech at the International Blockchain Congress in Chicago, SEC Commissioner Hester M. Peirce unveiled a proposed “safe harbor” that would seek to provide an exemption from the registration requirements of the federal...
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Data Privacy Monitor
Powerful Protection: The Healthcare Privacy and Compliance Team
February 13, 2020
The following story is one in a six-part series devoted to the pioneering teams that comprise the firm’s new Digital Asset and Data Management Practice Group. A prime example of BakerHostetler’s preeminence in the legal industry is on...
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Blockchain Monitor
Blockchain Developments in Food Safety, Ethical Sourcing, Financial Services, Social Media and Trading Platforms; DOJ Continues Actions Against Crypto Crimes
By Brian P. Bartish, Simone O. Otenaike, Jordan R. Silversmith, Joanna F. Wasick
February 7, 2020
In this issue: • Blockchain Enterprise Solutions Aim to Improve Safety and Address Ethical Sourcing Concerns • Financial Services and Social Media Firms Integrate Blockchain and Cryptocurrencies, US Marshalls to Auction 4,040 Bitcoins • US...
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Data Privacy Monitor
The Privacy Governance and Technology Transactions Team
By Janine Anthony Bowen, Melinda L. McLellan
February 7, 2020
The following story is one in a six-part series devoted to the pioneering teams that comprise the firm’s new Digital Assets and Data Management Practice Group. A prime example of BakerHostetler’s preeminence in the legal industry is on...
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