Artificial Intelligence and Machine Learning
Notable Representations, Key Contacts
Weil’s experience in AI-related issues is deep, long-standing and cross-disciplinary, the result of focused concentration by trial and deal lawyers, technology and IP experts, and regulatory attorneys working together across the Firm’s offices and practices to provide proactive, 360-degree counsel for companies that develop, use, or are facing novel competition from, AI-based products.
Our practice groups and experience
Antitrust
Weil’s global antitrust practice is at the forefront of AI-related competition and regulatory matters. We have advised on some of the most significant AI transactions and investigations to date, navigating complex merger control, antitrust scrutiny, and regulatory probes across the entire AI ecosystem. Our understanding of the end-to-end AI technology stack and business models allows us to provide unmatched legal guidance across all aspects of antitrust law intersecting with this frontier technology.
- Shortlisted for GCR’s Merger Control Matter of the Year – Europe (2025) for advising Microsoft on its partnership with OpenAI before the UK Competition and Markets Authority, following our successful representation of Microsoft on the merger control aspects of the partnership before the European Commission in 2024.
- Advising Microsoft on its $100 billion Global AI Infrastructure Investment Partnership (GAIIP) with BlackRock, GIP, and MGX.
- Representing a leading tech company in antitrust investigations into datacenter infrastructure before the European Commission and the United States Department of Justice.
- Advising Microsoft on its investment in Mistral.
- Representing a leading tech company in multiple European Commission AI-related antitrust investigations under Articles 101 and 102 TFEU.
- Representing a leading tech company in an ongoing European Commission antitrust investigation into pre-installing AI products on Android mobile phones.
- Advising a leading tech company on several European national consultations on AI, including the UK, France, Italy, Hungary and Spain.
- Advising a leading tech company on investigations by the CMA and European Commission into acqui-hires in the AI space.
- Advising Meta on its $1 billion acquisition of Kustomer, addressing precedent-setting data-related competition concerns.
For more information, please contact Michael Moiseyev, Jenine Hulsmann and Niklas Maydell.
Corporate Investments and Transactions
We assist clients in acquisitions, divestitures, and investments in entities and business lines that develop or leverage artificial intelligence systems. The scope of such transactions covers AI-enabled biometric recognition, data storage and categorization, cybersecurity, autonomous driving and video, and voice and image recognition, among others. We also counsel clients on associated privacy and IP risks involved in these transactions.
- Advised Advent Global Technology in its investment in Salt Security, Inc., a developer of context-based API discovery and vulnerability detection services that use AI and machine learning to automatically and continuously identify and protect APIs.
- Advised Blackstone Growth in its investment in Vectra AI, Inc., a developer of AI platforms that collect, store and enrich network metadata to detect, hunt and investigate known and unknown threats in real time.
- Advised Conversica Inc., a provider of automated artificial intelligence-based sales conversion management software solutions, in its Series C funding round led by PSG.
- Advised CPP Investments, together as co-investor with Permira and GIC, in the acquisition of a majority stake in Lytx, Inc., a provider of machine vision and artificial intelligence-powered video telematics solutions, in a transaction that valued Lytx at more than $2.5 billion.
- Advised Goldman Sachs Asset Management in its $300 million investment in Madhive, a provider of video ad platform with a real-time AI powered by blockchain technology.
- Advised PSG and its portfolio company mPulse Mobile, Inc., a developer of a conversational AI platform and digital engagement solutions for the healthcare industry, in its acquisitions of Decision Point Healthcare Solutions LLC and HealthTrio, LLC.
- Advised PSG in its acquisition of Element451, Inc., an AI-powered higher education CRM platform.
- Advised Stripes, LLC, together with a large group of investors, in its investment in Databricks, Inc., a data intelligence platform powered by generative AI.
- Advised TCV in its acquisition and subsequent sale of Evisort Inc., a provider of contract management and AI technology.
- Advised Thompson Street Capital Partners in its acquisition of MediaRadar, a provider of timely, cross-media advertising intelligence, from Frontier Growth.
For more information, please contact Nicholas Doloresco and Arnie Fridhandler.
Technology & IP Litigation
Weil has industry-leading experience litigating AI-related claims, including related to data used in training models and AI-related patents, including in cases involving autonomous driving systems, speech recognition and natural language processing, as well as AI-based biotechnology. We counsel clients on complex issues, including integration of generative AI product offerings into established consumer-facing platforms, development of AI-based facial recognition and biometrics, and natural language processing.
- Represent Getty Images in its lawsuit against Stability AI arising out of Stability AI’s unauthorized scraping and use of proprietary Getty Images content to train Stability AI’s Stable Diffusion text-to-image model.
- Successfully defended Nuance Communications, Inc. in a patent infringement suit commenced by AI Visualize asserting 35 claims across four patents directed toward technology that relates to visualizing large medical image datasets over the internet. The district court granted Nuance’s motion to dismiss on Section 101 grounds, which was upheld by the U.S. Court of Appeals for the Federal Circuit.
- Successfully represented Nuance Communications in multi-front district court litigation and inter partes review proceedings adverse to a competitor, related to speech recognition, computer-assisted physician documentation and transcription technology.
- Representing Pacific Biosciences of California, Inc. as plaintiff in a patent infringement suit against Oxford Nanopore Technologies, Ltd. in which PacBio asserted four patents relating to methods of sequencing DNA and RNA molecules using small protein holes called nanopores.
- Advising a major technology company on patent strategy and potential patent litigation involving technology relating to facial recognition, facial tracking in video stream, fingerprint detection, restaurant/shopping recommendations for map applications, and voice assistant natural language processing and recommendations.
For more information, please contact Benjamin Marks, Zack Tripp and Anne Cappella.
Privacy & Cybersecurity
We regularly advise clients in connection with the adaption and operation of AI governance and risk-management programs and policies, informed by more than a decade of counseling on myriad privacy matters raised by AI including complex issues of first impression around collection and use of datasets in support of machine learning and AI development. We assist clients across diverse business sectors in all stages of AI adoption.
- Develop AI governance framework and suite of policies and best practices for client in the payment processing and information management services industry, addressing both home-grown and licensed-in AI systems and internal and productized use cases.
- Conduct analysis of generative AI-related use cases for client in the consulting space; following analysis, develop AI acceptable use policy, update terms of use, master services agreement and privacy policies to account for active and anticipated AI integrations.
- For multiple clients in the financial services sector, advise on internal use cases in relation to AIML and generative AI, and develop internal policies to guide practices.
- Advise client in the healthcare analytics space on updates to customer agreements to ensure permissible use of certain data in connection with the training of AI models.
- Advise client in the consumer-facing technology space (hardware and software) in establishing an AI governance framework and set of policies to govern the integration of generative AI into a variety of product offerings. Establish risk-mitigation strategies in relation to text and image generating tools.
- Advise numerous clients regarding best practices for effectively utilizing AI-enabled technology in hiring, pay, promotions, and performance assessment.
Corporate Governance/Securities Regulation
Weil has a dedicated team of governance and disclosure lawyers who advise public and private companies, boards of directors and board committees on AI-related governance and disclosure matters, fiduciary duties and risks related to AI use. We have extensive experience counseling clients on best practices related to AI governance, developing board oversight frameworks and risk management controls, and creating disclosure programs and reviewing AI-related public disclosures. Our team provides clients with clear and effective communication strategies, helping clients steer through the evolving AI regulatory landscape.
For more information, please contact Howard Dicker, Adé Heyliger and Rebecca Grapsas.
Employment
We are a leading expert in the AI/Employment Law space and frequently present and publish on the subject. We have advised clients on litigation avoidance involving the use of AI tools, counseled management, boards, in-house counsel, and HR professionals on best practices for effectively utilizing AI-enabled technology in hiring, pay, promotions, and performance assessment, and developed strategies for preserving the attorney-client and attorney work product privileges in the development and deployment of AI tools.
For more information, please contact Rebecca Sivitz.
Technology Transactions
Weil offers a dedicated team devoted to complex transactions involving novel technologies or intellectual property, a distinguishing feature of the Firm. Our team, comprised of both IP and privacy attorneys, has extensive experience in AI-related transactions, in sectors including connected devices (e.g., smart homes and connected vehicles), drug discovery, healthcare, payments platforms, education, and media and entertainment, among others. We regularly advise clients on IP and privacy considerations related to the development, use, and licensing of datasets, and the creation, use and protection of machine learning algorithm and AI and generative AI products and tools, and we negotiate and draft transaction agreements concerning the same.
For more information, please contact Max Scott, Dennis Adams and Charan Sandhu.
Speaking Engagements, Latest Thinking
Speaking Engagements
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TL4: The Competition Law & Artificial Intelligence Summit
Speaker(s):
Jenine Hulsmann
December 3, 2024 — London, United Kingdom — Hear direct from key regulatory stakeholders as they consider the impacts of AI. Reaffirm your understanding of the evolving regulatory landscape. Jenine Hulsmann is a Chair.
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Artificial Intelligence 2.0: Legal Implications and Challenges in a Rapidly Changing Environment
Speaker(s):
Zack Tripp and
Olivia J. Greer
September 25, 2024 — Weil Appeals and Strategic Counseling Co-Head Zack Tripp and U.S. Privacy and Cybersecurity Head Olivia Greer led a panel at the Association of Corporate Counsel – National Capital Region’s Annual Privacy and Technology Conference. Panelists explored the legal implications and challenges associated with incorporating AI into daily operations, including IP/copyright risks, privacy and data protection, and liability and accountability. They also shared practical guidance on how to navigate these issues and implement policies for employees’ AI-usage at work.
Latest Thinking
- Navigating Privacy, Cybersecurity, and the Future of AI Publication — CPO Magazine — By Pravin R. Patel, Corey Brady and Katheryn Maldonado — December 06, 2024
- EU AI Act: Overview and FAQs Publication — By Barry Fishley and Chloe Kite — PDF — June 2024
- SEC Charges Advisers with Marketing Rule Violations Regarding Statements about Performance and Use of AI, including Inability to Substantiate Marketing Claims upon Demand Alert — By Chris Mulligan, Chris Scully and Stephen Filocoma — PDF — March 19, 2024