Artificial Intelligence

Overview

Leveraging decades of experience in intellectual property and technology law, Rothwell Figg’s Artificial Intelligence (AI) practice team skillfully guides clients through the complexities of this dynamic and innovative area.

Expertise and Leadership in AI Law

Our attorneys, several of whom have been practicing in this area for over a decade, know the technology – and the accompanying legal issues – inside and out. We represent some of the most prominent names in media and journalism in groundbreaking AI litigation. Rothwell Figg is counsel to The New York Times and eight prominent newspapers from across the United States, including The New York Daily News and The Chicago Tribune, in ongoing federal court copyright litigations against Microsoft and OpenAI alleging unauthorized use of articles and materials by their generative AI (GenAI) products. These cases position our firm at the leading edge of AI litigation and complex AI-related discovery, and the case outcomes are expected to shape the legal landscape for content creators by setting important precedent on how AI developers can use copyrighted materials. Reflecting the significance of these groundbreaking matters, practice team co-chairs Steven Lieberman and Jennifer Maisel are named among Lawdragon's 100 Leading AI & Legal Tech Advisors, a recognition of 100 of the finest minds in law and AI.

We have been a leader in AI policy and have educated professionals on the legal impact of AI technology for many years. Members of our team hold leadership positions and actively participate in AI-related initiatives including the Artificial Intelligence/Machine Learning (AI/ML) Task Force of the Section of Intellectual Property Law (ABA-IPL), Federation of Intellectual Property Attorneys (FICPI), the American Intellectual Property Law Association (AIPLA), the International Trademark Association (INTA), and the Intellectual Property Owners Association (IPO). This involvement not only allows us to help shape AI policy, but also ensure we stay at the forefront of emerging trends and regulations in the United States and across the globe.

Comprehensive Services in AI Law

With advanced degrees and technical backgrounds in engineering, computer science, and information science, our team possesses a comprehensive understanding of both the technology of AI and the complex legal issues it entails. Additionally, our expertise is underscored by certifications such as the Artificial Intelligence Governance Professional (AIGP) designation from the International Association of Privacy Professionals (IAPP), which demonstrates our commitment to ensuring safety, trust, and ethical considerations in the development, deployment, and ongoing management of AI systems.

For clients ranging from solo innovators and startups to Fortune 100 domestic and global companies, we provide a full spectrum of services to help clients navigate the legal complexities of AI, including:

copyright issues, such as training data/fair use questions, whether output is protectable, licensing for novel content distribution paradigms, and litigation for unauthorized scraping and use of content by generative AI tools;
licensing and transactions, on behalf of content creators, implementers, and developers of AI technology to address the unique challenges and business opportunities, as well as the distribution and licensing of AI technology, artifacts, and datasets on an open or closed basis (or somewhere in-between);
AI governance, including creation and review of policies, procedures, and practices, assisting with implementation or deployment of AI systems across an enterprise, and advising on potential legal vulnerabilities, including potential loss of IP protection;
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 the interplay of patent v. trade secret protection and advising on how to protect and enforce AI technology as trade secrets;
trademarks issues, including mark adoption, clearance, and registration amid questions of protectability and evolving terminology, registration, and enforcement challenges for AI brand names; and
privacy and confidentiality matters, including determining whether the use of generative AI Models violates privacy policies and/or confidentiality agreements.

AI-Relevant Publications and Regulations

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