Technology and Artificial Intelligence

Taft’s multidisciplinary Technology and Artificial Intelligence (AI) team combines extensive knowledge of the law with practical experience to assist clients in the wide range of ever-changing implications of AI and emerging technologies. With a deep understanding of the legal complexities inherent in this rapidly evolving landscape, from intellectual property protection to regulatory compliance, Taft is a trusted partner with approaches tailored to the unique needs of our clients.

Strategic Advisory

Contacts: Jeremy Bisdorf, Lyndsay Capeder

Artificial Intelligence (AI) and emerging technologies will continue to have a transformative impact on businesses and everyday life. This expanding and evolving landscape presents both opportunities and challenges. While the possibilities seem endless, considerations on the legal, business, and ethical fronts must be at the forefront of decision making. With the exponential growth of technological advancements, it is important to have a team of trusted advisors who are well versed and adaptable.

Taft’s advisory team provides practical solutions to help gain a sustainable competitive edge created by new and innovative technologies. The team is comprised of attorneys from across the firm, including privacy, data security, technology transfer, employment, intellectual property, fintech, and other germane areas. Together, they work with clients in virtually all industries. Taft has partnered with Skillburst Interactive to develop a comprehensive training series covering AI, specifically for lawyers and other professionals. With the rise of AI use across industries, Taft participates in this first-of-its-kind legal consortium, working with Skillburst and technology experts to create training content that prioritizes the safe and ethical use of AI in the practice of law.

Artificial Intelligence (AI)
Contacts:  Joey Balthazor, Marcus Harris

Taft’s artificial intelligence (AI) group, including generative AI, sits at the intersection of artificial intelligence and the law. We are a cross-functional group consisting of world-class litigators, IP-focused lawyers, and business attorneys fluent in the latest AI technologies and their applications. We help clients and C-suites mitigate potential legal and business risks in their use and development of AI-powered and API technologies while safely taking advantage of the business opportunities presented by artificial intelligence. We also stay up to date on the rapidly evolving laws and regulations for AI-related technologies. Many of Taft’s AI attorneys have technical backgrounds and technology industry experience that enables them to understand the methodological workings of AI tools and the component technologies that comprise AI.

Taft’s artificial intelligence group assists clients with navigating business risks and opportunities associated with AI and cybersecurity considerations; AI internal use policies; license and software agreements for the use of AI platforms; data processing agreements; best practice manuals for reducing claims of IP infringement; developing procedures to minimize infringement allegations; protecting images, designs, and logos; litigation; and development of AI platforms.

Technology Transactions
Contact: Jeremy Bisdorf

In today’s ever-evolving digital landscape and increasing reliance on technology, it is vital for organizations to have an expert legal team to assist with managing technology transactions. Taft’s Technology Transactions group is fully equipped to assess and manage legal matters related to technology with extensive knowledge, regulatory understanding, and practical experience to mitigate risk and enable companies to thrive.

Our services include advising on and safeguarding intellectual property rights, including patents, trademarks, copyrights, and trade secrets; technology-related contract drafting and negotiation; assisting in due diligence, contract negotiation, and regulatory compliance during technology-related mergers, acquisitions, and investments; technology licensing and commercialization; and providing litigation support in the event of intellectual property disputes, breach of contract cases, or regulatory enforcement actions.

Taft’s unique breadth of services also ensures that our clients benefit from cross-disciplinary collaboration across the firm, such as corporate law, antitrust, tax, or international trade, for comprehensive legal solutions that encompass all technology transaction-related needs.

Fintech
Contacts: James Zimmerman, Rob McDonald

Technology is constantly evolving, bringing changes that impact the financial services industry. Fintech businesses must navigate the industry’s regulatory environment and rethink their approach to legal issues.

Taft has an experienced team of attorneys across multiple practice areas that serve clients at the intersection of financial services and technology. Our attorneys help fintech clients navigate the changes in the regulatory and legal environment. Our experience includes assisting with mergers and acquisitions, key commercial contracts (including bank partner agreements and network participation agreements), venture capital financings, privacy and data security, intellectual property, financial regulatory compliance matters, and litigation. Taft’s fintech clients include financial institutions, payment processing companies, investment firms, venture capital funds, and start-up and emerging growth companies.

IP Implications
Contacts: Robin Dunn, Patrick Palascak

Intellectual property (IP) relates to intangible assets, including inventions, brands, new technologies, source code, and artistic works. More specifically, IP pertains to patents, trademarks, copyrights, and industrial design. IP protects and encourages innovation and creativity and is among a company’s most important assets.

Companies, investors, and entrepreneurs should be aware of key IP considerations applied to AI innovation and clearly define and protect their IP with registrations and documentation, especially when working with multiple third parties. A company may then better control the use of its IP rights, including permitted use under licensing and collaborative arrangements. Legislative protection has not yet advanced as quickly as the technology, which makes early and ongoing IP portfolio management of particular importance. Taft IP attorneys can help you navigate this emerging technology and protect your valuable assets.

Policies and Employment Considerations
Contact: Blair Harrington

Many employers are turning to artificial intelligence (AI) in the workplace to streamline processes, increase efficiency, and lower costs. Yet many companies have not examined their use of AI in the workplace as federal, state, and local laws and regulations begin to address this technology. Taft’s labor and employment attorneys are experienced with navigating AI integration and compliance to mitigate risks, whether your company is considering or currently using AI in the workplace.

Taft provides advice, counseling, and training on the use and integration of AI tools in the workplace and on compliance with applicable laws and regulations covering recruitment and screening, hiring and promotion, retention, timekeeping, surveillance, compensation and pay transparency, workplace equity, performance evaluations, training, and collective bargaining.

Our team can help you stay up-to-date on legal developments by notifying you of new laws and regulations impacting AI and advising you on how they affect your employment practices. We also routinely create and review workplace policies, handle employment challenges, and resolve disputes in connection with the use of AI in the workplace.

Privacy & Data Security
Contact: Scot Ganow

Artificial Intelligence presents a conundrum for companies. On one hand, AI provides unprecedented power to process, sort, and make sense of the mountain of data these companies have collected over the years. AI can help companies better understand this data and put it to use in the company’s effort to provide additional value to its customers, identify new opportunities and customers, and further distinguish themselves in a competitive marketplace. On the other hand, much is still unknown about this powerful technology.

Companies can inadvertently introduce risk to their intellectual property and personal data when implementing technologies without the needed governance and controls. Combine this risk and reward conundrum with a constantly evolving legal landscape, and a company can find itself in the middle of a perfect storm.  Taft’s Privacy and Data Security attorneys are uniquely positioned to counsel companies on risk-based approaches to AI to leverage its unquestioned potential while managing legal risks and compliance.

Regulatory
Contacts: Zachary Heck

Taft’s team of professionals is at the nexus of evolving laws and policies surrounding technology and artificial intelligence. As leaders in this dynamic field, we navigate the intricate landscape of regulatory developments, ensuring our clients remain ahead of the curve.

With a keen understanding of the complex nuances of emerging technologies, our team diligently monitors governmental agency activity, anticipating the impact on our clients’ rights and helping clients prepare for regulatory requirements and prohibitions. We offer tailored solutions by providing proactive counsel to mitigate risks and seize opportunities in this rapidly evolving arena.

With a comprehensive approach, we offer strategic guidance that transcends mere compliance. Understanding the developments arising out of federal, state, municipal, and foreign agencies and regulators distinguishes us as trusted advisors in the realm of technology regulation. Forecasting how the Federal Trade Commission, state attorneys general, and European Union supervisory authorities will develop and enforce emerging AI rules provides our clients with the perspective needed to maintain and grow their business in the face of regulatory scrutiny.