Artificial Intelligence

Overview

Rothwell Figg’s Artificial Intelligence (AI) practice knows the legal and business implications, opportunities, challenges, and pitfalls associated with AI. Indeed, several members of our AI team have been practicing in this area for over a decade. The team knows the technology – and the accompanying legal issues – inside and out. Many of our attorneys have advanced degrees and technical backgrounds in engineering and computer science, are thought-leaders in the space, and are involved in committees and organizations focusing on AI-related legal developments. Because of this, our team regularly helps identify and address potential legal issues that our clients may not have even considered.

Our clients in this area range from solo innovators and start-ups, to Fortune 100 domestic and global companies seeking a competitive edge through protecting and monetizing their AI innovations. We also advise non-technology companies seeking advice on best practices for using and incorporating AI-related tools in their day-to-day operations.

The AI issues we have considered cover a diverse range of technologies and industries, including:

software companies developing new generative AI models based on previously-collected data;
manufacturing companies using AI to source goods or make production more efficient;
media entities implementing policies and asserting claims to address unlawful scraping of their data/use of their data to train third-party AI models;
consulting companies using AI tools to generate ideas and organize data; and
medtech companies incorporating AI tools to assist humans in making medical diagnoses or performing surgeries.

Our legal services concerning AI and ML include, inter alia:

patent-related services, from prosecution to enforcement and litigation (on attack or defense) at the local, regional, national, and international levels;
trade secret protection, including advising on how to protect the trade secrets, and enforcement and litigation;
copyright issues, such as training data/fair use questions, and whether output is protectable;
breach of contract questions, such as scraping and violations of terms of use;
privacy and confidentiality matters, including determining whether the use of generative AI Models violates privacy policies and/or confidentiality agreements; and
AI governance.

We are fluent in the interplay between the above legal areas, as well. For example, we routinely counsel clients on the interplay between patents and trade secrets, which is particularly relevant in the AI space as some companies' most valuable AI assets are outside the scope of patent protection. Our team also routinely provides clear answers to legal questions surrounding the data that powers AI and ML and its nebulous nature, including how to acquire, use, protect, and monetize it, as well as how data converges with privacy, security, fair use, and the risks and opportunities inherent in the accelerated pace of business today.

Rothwell’s AI practice works directly with clients to help them realize the benefits of artificial intelligence and protect their AI-related inventions, discoveries, and creations, while at the same time helping to avoid legal pitfalls. Also, as skilled and experienced litigators and IP/privacy attorneys, we are prepared to litigate artificial intelligence related matters should the need arise.

Members of our AI practice team have gathered the links below to artificial intelligence-relevant publications and regulations that you may find useful.

AI Governance Materials

IP Protection Materials