Artificial Intelligence and Machine Learning

For more than a decade, Weil has collaborated with clients to assess risks and capitalize on opportunities associated with the burgeoning use of artificial intelligence and machine learning. Weil’s artificial intelligence group employs a cross-disciplinary team of trial and deal lawyers, technology and IP experts, and regulatory attorneys to provide proactive, 360-degree counsel for companies that develop, use, or are facing novel competition from, AI-based products.

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Notable Representations, Key Contacts

Weil’s experience in AI-related issues is deep, long-standing and cross-disciplinary, the result of focused concentration by attorneys working together across the Firm’s offices and practices.

We are helping clients in numerous industries (including technology, healthcare, finance, consumer goods, and industrial) navigate the opportunities and risks presented by artificial intelligence and machine learning technologies, including and in particular with respect to generative AI.

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 (including smart homes and connected vehicles), drug discovery, healthcare, payments platforms, 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 and use of machine learning algorithms.
Technology & IP Litigation

Weil has industry-leading experience litigating AI-related claims, including for example, in representing 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. Weil’s IP litigators also have deep experience litigating AI-related patents, including in cases involving autonomous driving systems, speech recognition and natural language processing, as well as AI-based biotechnology. We also have experience counseling clients on issues involving AI-based facial recognition and biometrics, as well as natural language processing.
Corporate Investments and Transactions

We have assisted 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.
Privacy & Cybersecurity

We have been advising and counseling on myriad privacy matters raised by AI for more than a decade, including complex issues of first impression around collection and use of datasets and machine learning algorithms. We have assisted numerous clients in establishing strategy and policy around privacy-related risk mitigation in connection with the use of tools leveraging generative AI and the development, use and acquisition of AI-related products and services.
Antitrust

Weil’s global antitrust practice takes a multi-disciplinary approach to helping clients navigate the heightened global regulatory scrutiny in the fast-evolving AI-space. Our comprehensive understanding of the end-to-end AI technology stack and business models, including the complex transaction structures and investment needed to train and deploy AI-models, allows us to provide unmatched legal guidance across all aspects of antitrust law intersecting with this frontier technology.
Employment

We are a leading expert in the AI/Employment Law space and frequently present and publish on the subject. More broadly, 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.

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Recent experience includes

Advisory

Transactions

Litigation

Key Contacts

Barry Fishley

Barry Fishley

Partner

London

Britta Grauke

Britta Grauke

Partner

Frankfurt

Olivia J. Greer

Olivia J. Greer

Partner

New York

Zachary Tripp

Zack Tripp

Partner

Washington, D.C., New York

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Speaking Engagements, Latest Thinking

Speaking Engagements

  • SEC Enforcement, AI, ESG and CEO Succession – Critical Discussions Your Board Should Be Having with Your Chief Legal Officer Speaker(s): Sarah Coyne and Kaitlin Descovich

    September 17, 2024 — New York, NY — Co-Head of Weil’s global White Collar Defense, Regulatory and Investigations practice Sarah Coyne and Public Company Advisory Group partner Kaitlin Descovich spoke on the panel titled “SEC Enforcement, AI, ESG and CEO Succession – Critical Discussions Your Board Should Be Having with Your Chief Legal Officer” as part of the 2024 Boardroom Summit.

  • Opportunities and Obstacles: Addressing Generative AI in Corporate Transactions Speaker(s): Charan J. Sandhu, Jeffrey D. Osterman, Olivia J. Greer and Dennis F. Adams III

    March 13, 2024 — New York, NY — Charan Sandhu and Jeffrey Osterman, Co-Heads of Weil’s Technology & IP Transactions practice, along with partners Olivia Greer and Dennis Adams, moderated a panel discussion during Weil’s Technology, IP & Media Seminar Series entitled, “Opportunities and Obstacles: Addressing Generative AI in Corporate Transactions.” Among the topics discussed were best practices for modernizing due diligence to identify AI risks at transactional targets, anticipating and drafting for regulatory and litigation liabilities, and drafting deal terms to protect buyers from AI risks.

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