Artificial Intelligence

Recent Blog Post:

Fall 2024 Employer Check-up: Reduce Risk When Using AI Vendors’ Hiring Tools

Last month, the U.S. Department of Labor (DOL) announced a new initiative, the “AI & Inclusive Hiring Framework,” funded by the DOL’s Office of Disability Employment Policy (ODEP). This framework is a voluntary resource to help employers ensure their third-party Artificial Intelligence hiring tools are inclusive and accessible to disabled individuals.

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With ChatGPT and other artificial intelligence technologies transforming how we live, work, and create in the 21st century, the legal challenges AI presents are evolving at breakneck speed. Set against the backdrop of a developing regulatory landscape and raising novel issues spanning technology, privacy, intellectual property, and employment law (among other areas), these challenges can catch even the savviest of AI users and developers by surprise. Cozen O’Connor’s Artificial Intelligence practice draws on the experience of an interdisciplinary team of legal advisers to meet our clients’ needs in this dynamic space. This breadth of experience allows us to anticipate and address the full spectrum of unique issues both developers and users of AI and machine learning technology are facing.

Our team stands ready to assist a range of clients, including developers and providers of AI platforms, subscribers and business users of AI platforms, creative agencies, software developers, and others that leverage, embed, or integrate with AI and machine learning tools. Whether you use AI in your business or AI is your business, we can help you navigate this largely uncharted territory.

For example, when structuring and negotiating transactions for the development, licensing, acquisition, or use of AI tools, clients can rest assured that our interdisciplinary team is tracking all of the issues at play, including privacy, legal and regulatory compliance, intellectual property rights, and risk allocation. We can also help organizations comply with industry and regulatory AI frameworks relating to privacy, safety, accountability, and absence of bias.

Our AI practice includes labor and employment attorneys who can help employers develop policies and guidelines concerning employees’ use of AI tools (including ChatGPT) throughout the workplace. Our employment litigators are prepared to defend employers against AI-related lawsuits, such as those alleging bias from AI use and/or class and collective actions alleging violations of laws governing the use of AI for human resources functions. On the traditional labor side, we expect AI use to be a hot topic in union negotiations for the foreseeable future, and our team is prepared to negotiate such issues and to address NLRB charges alleging Unfair Labor Practices such as a refusal to bargain over AI use. These are just a few of the many areas of intersection between AI and the workplace that we help employers navigate.

Additionally, we stay on the cutting edge of IP-related issues surrounding the use of AI tools, such as transformative fair use and potential claims of copyright infringement. Our patent team has experience drafting and prosecuting patent applications covering AI-implemented inventions, including generative AI inventions. And we closely track the rising tide of trade secret implications associated with AI use.

Perhaps in no other area has the legal and regulatory environment been so unsettled while the underlying subject matter evolves at such a dizzying rate of speed. This makes nimble, creative, and savvy counsel a must, and these qualities are at the very core of Cozen O’Connor’s identity as a firm. With our carefully curated AI team’s capabilities spanning transactional, regulatory, intellectual property, and litigation experience in multiple disciplines, Cozen O’Connor is a one-stop shop for advice and counsel on maximizing the business benefits of AI while minimizing the attendant risk.

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Publications

New California AI Laws Protect Against Unauthorized Use of AI Replicas [Alert]

September 25, 2024

John Carrigan, Jr. discusses California AB 1836 and 1602, which aim to protect against the unauthorized use of AI-generated digital replicas of a performer's voice or likeness.

Utah to Require Disclosure of Artificial Intelligence [Alert]

May 13, 2024

Daniel Kilburn and Chris Dodson discuss Utah's Artificial Intelligence Policy Act which will require certain disclosures regarding the use of generative AI tools.

Joint Guidelines for Secure AI Deployment [Alert]

April 25, 2024

The new cybersecurity guidance, issued jointly by agencies in the U.S., Australia, New Zealand, the U.K., and Canada, focuses on best practices for organizations that deploy third-party-developed AI.

European Parliament Passes the EU AI Act [Alert]

March 19, 2024

The world officially has its first comprehensive set of major regulations specifically targeting artificial intelligence. The European Union’s AI Act was passed by the European Parliament on March 13th, 2024.

Generative AI and Its Workplace Implications

November 15, 2023

Nandini Sane contributed an article to The Houston Lawyer discussing the rapid advancement of generative AI.

President Biden Signs Executive Order on Artificial Intelligence [Alert]

November 06, 2023

Christopher Dodson discusses President Biden's recent executive order on the safe use of artificial intelligence and how it could impact businesses.

Artificial Intelligence Systems, Profiling, and the New U.S. State Privacy Laws [Cyber Law Monitor Blog]

September 21, 2023

The rapid spread of Artificial Intelligence (AI) systems in recent years has overlapped with the enactment of comprehensive privacy laws by multiple U.S. states. Aside from being generally applicable to AI systems in the same way as they are to any online service, several of the comprehensive...

AI in the Workplace: Benefits and Potential Drawbacks [Daily Business Review]

August 30, 2023

Sam Edelstein authored an article about the impact of artificial intelligence on the workplace.

An Emerging Copyright Paradox For AI-Generated Content [Law360]

July 26, 2023

Samuel Lewis authored an article about the impact artificial intelligence has on copyright law.

Would Artificial Intelligence Lie to Us? [Daily Business Review]

June 21, 2023

Samuel Lewis authored an article about using generative artificial intelligence systems for the practice of law.

VII-131 - Roundtable Discussion (Multi-Practice) of A.I. and Generative A.I. for Employers [Employment Law Now Blog]

May 23, 2023

Today's episode features a roundtable discussion on Artificial Intelligence and Generative A.I. from multiple perspectives that employers should be thinking about: labor and employment, corporate and privacy, intellectual property, and regulatory. Download this episode....

The Biden Administration’s Blueprint for an AI Bill of Rights [Cyber Law Monitor Blog]

May 15, 2023

As the use of artificial intelligence (AI) rapidly expands throughout the private sector and government, the Biden administration has published a report titled A Blueprint for an AI Bill of Rights. A summary is available at https://www.whitehouse.gov/ostp/ai-bill-of-rights/ and the full...

AI: What You Need to Know [Cyber Law Monitor Blog]

May 01, 2023

Andy Baer is joined by three of his Cozen O'Connor colleagues for a panel discussion exploring the evolving law of artificial intelligence in the U.S. and Europe, including legal risks associated with ChatGPT and other AI tools, the current state of regulation, and how providers and users of AI...

NTIA Request for Comments on AI Accountability [Alert]

April 19, 2023

The National Telecommunications and Information Administration recently issued a request for comments regarding artificial intelligence accountability.

Does ChatGPT replace a traditional trademark availability search?

January 13, 2023

Ashley Kessler discuses whether the artificial intelligence powered chatbox could accurately conduct trademark availability searches, among other legal tasks.

Patenting Eligibility Issues and Considerations for Artificial Intelligence Technologies [Bloomberg Law]

October 02, 2020

Vadim Braginsky wrote a chapter for Bloomberg Law’s Corporate Practice Portfolio Series on Artificial Intelligence and Machine Learning discussing the field of Artificial Intelligence (AI) is wide-ranging, encompassing a spectrum of technologies.

Section 112 Issues Concerning Disclosure and Claims for AI Technologies [Bloomberg Law]

October 02, 2020

Vadim Braginsky wrote a chapter for Bloomberg Law’s Corporate Practice Portfolio Series on Artificial Intelligence and Machine Learning discussing the many artificial Intelligence (AI) technologies that are algorithmic, and particularly amenable to being described by their functionality.

Events & Seminars

Upcoming Events

Making AI Work at Work

November 14, 2024 - Pittsburgh, PA

Kristina Bakardjiev and Jeffrey Klamut will present “Making AI Work at Work” with David J. Baker, Founder and CEO of Human Capital Advisors, and moderated by Bobbi Britton Tucker, at the Allegheny County Bar Association Labor and Employment Law Symposium.

Employer Summit 2024: Critical Workplace Legal Updates

November 06, 2024 - Webinar

Cozen O'Connor's Labor & Employment Department invites you to attend our fourth annual employer summit, which will be a virtual event taking place over two partial days offering valuable insights into addressing workplace challenges.

Past Events

Generative AI Best Practices for Law Firms

September 05, 2024 - Chicago, IL

White House Office of Science and Technology Briefing

August 29, 2024 - Washington, D.C.

AI, Copyright & Fair Use

August 19, 2024 - Webinar

Client Protection Funds and the Rise of AI

May 31, 2024 - Denver, CO

Artificial Intelligence Systems and Your Practice: What to Know

October 19, 2023 - Saratoga Springs, NY

Data in the Age of AI

June 21, 2023 - Webinar

In The News

7 Things to Include in a Workplace Generative AI Policy

November 13, 2023

Janice Sued Agresti and Erin Bolan Hines were quoted in an HRDive article discussing items that human resource professionals should include in an employer’s generative AI policy.

Hugh Marbury Named to the Common Crawl Foundation’s Board of Advisors

September 19, 2023

Hugh Marbury, co-chair of Cozen O'Connor’s Copyright Practice and resident in the firm’s Washington, D.C. office, has been named to the Board of Advisors for the Common Crawl Foundation.

AI Firms Among Job Vendors Bracing for California Bias Lawsuits

September 12, 2023

Walter Stella was quoted in Bloomberg Law discussing a recent ruling from the California Supreme Court that states that third-party service providers can be subject to lawsuits under the state's Fair Employment and Housing Act for actions performed on behalf of employers.

Copyright Law and Generative AI: What a Mess

August 30, 2023

Samuel Lewis was quoted in the ABA Journal discussing the recent surge of authors, artists, and programmers who have sued generative artificial intelligence companies for copyright violations.

New Ruling May Have 'Huge Impact' On Calif. Bias Litigation

August 22, 2023

Walter Stella was quoted in Law360 discussing a recent California Supreme Court decision in which third-party service providers hired by employers may be liable for discrimination law violations.

EEOC Deal In AI Suit May Be Tip Of Enforcement Iceberg

August 11, 2023

Michael Schmidt was quoted in Law360 discussing the EEOC's interest in artificial intelligence when used for hiring.

Business owners beware: The AI backlash is mounting — and so are the lawsuits

July 06, 2023

Samuel Lewis was quoted in The Business Journals discussing how the copyright status of generative artificial intelligence can be complex.

Using AI to recruit? You're legally responsible for the bot's bias, EEOC says

June 26, 2023

David Barron was quoted in Employee Benefit News discussing how the EEOC recently warned employers that using algorithmic decision-making tools for hiring strategies could potentially violate existing civil rights laws.

Employers are more exposed to A.I.-related lawsuits in the workplace. Here’s how to protect your company

June 12, 2023

Michael Schmidt spoke with Fortune about a New York City law that will go into effect in July that is targeted to protect job candidates from potential biases in the recruiting process.

How to Create the Best ChatGPT Policies

April 27, 2023

John Carrigan, Jr. and Janice Sued Agresti spoke with SHRM about the impact of ChatGPT in the workplace.

AI for Trademark Lawyers Moving Beyond Search to Expanding Work

February 14, 2023

Ashley Kessler spoke with Bloomberg Law about using artificial intelligence to assist in trademark work.

Contacts

Andrew Baer

Chair, Technology, Privacy & Data Security

abaer@cozen.com

(215) 665-2185

Melissa Siebert

Chair, Emerging Data Privacy Trends

msiebert@cozen.com

(312) 474-4491

People

Related Practice Areas

Upcoming Event:

Employer Summit 2024: Critical Workplace Legal Updates

Webinar 11/06/2024

Cozen O'Connor's Labor & Employment Department invites you to attend our fourth annual employer summit, which will be a virtual event taking place over two partial days offering valuable insights into addressing workplace challenges.

Event Details

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