As industries continue to incorporate artificial intelligence (AI) into their business practices, companies increasingly need knowledgeable and experienced guidance to help them navigate the complex and evolving legal landscape surrounding this dynamic area. Bradley’s Artificial Intelligence team includes attorneys across disciplines who pair their deep knowledge of sectors – including healthcare, financial services, construction, technology, and insurance – with their proficiency in current and developing law related to AI systems and AI-generated content.

In circumstances that benefit Bradley’s clients, our litigation and government enforcement attorneys utilize AI tools. For example, we have used AI-assisted review tools that can evaluate documents for production quickly and accurately, further demonstrating our grasp of practical AI usage in the business setting. AI-assisted document review tools are often already built into common existing document review platforms, such as Relativity. Using tools like AI-assisted document review saves clients time and money, especially on matters involving hundreds of thousands or even millions of documents. Ask our team about how we can use artificial intelligence tools to enhance our innovative solutions while still providing our personalized client service.

Areas of Focus

Corporate Policies for Use of AI

One of the primary concerns companies across all industries have regarding AI is employee use. For example, in highly regulated sectors, including healthcare and financial services, errant use of AI can result in noncompliance with federal and state data privacy regulations, such as HIPAA and GLBA. Bradley’s AI lawyers work hand in hand with clients to understand their businesses and unique concerns to assist in drafting corporate policies that speak to the use and scope of AI in the workplace. We also vet existing policies to assess for and close gaps that could create risk exposure.

Employment Law

Companies are turning to AI for recruitment decision-making, digitizing job candidate data and running this data through AI systems to assist in candidate selection. Bradley’s AI attorneys can review a company’s practices to ensure compliance with jurisdictional disclosure requirements by state and municipality. We also proactively assist and defend against companies whose use of AI may give rise to employment discrimination claims.

Vendor Agreements

Whether our clients are contracting vendors to develop AI systems or leverage third-party AI to analyze client data, our attorneys can assist in drafting and reviewing vendor agreements to reduce liability, protect innovations, and secure sensitive data. We work as trusted advisors with our clients to understand their business needs and risks so that they can manage their vendor relationships with peace of mind.

Healthcare

The highly regulated area of healthcare is quickly transforming as patient data becomes digitized and fed into AI systems that can aide in practitioner decision-making, including diagnosis and plans of care. Furthermore, wearables (such as smartwatches) are empowering patients to passively capture healthcare data that practitioners, with the assistance of AI, can use to remotely monitor and assess patient health and to evaluate treatment progress. Additionally, telehealth continues to become a commonplace mode for care delivery, and innovations in this area (such as virtual assistants) are expected to revolutionize this space.

Our AI team has deep experience working with all types of healthcare providers, from large hospital systems to medical device manufacturers. We counsel these clients regarding the use of AI technologies to help them innovate to further their business goals, improve patient outcomes, and avoid pitfalls, including risk exposure due to noncompliance with healthcare and data privacy regulations.

Intellectual Property

The IP attorneys in our Artificial Intelligence team assist clients with securing intellectual property protection related to AI systems and AI-generated content. We understand the nuances and challenges of applying for software IP protection and have a track record of successfully obtaining such protection to help clients maximize the value of their IP. We also are experienced in drafting licensing agreements for AI-related IP.

Should disagreements arise among parties regarding use or ownership of AI-related IP, our skilled litigators can aggressively assert or defend client IP protections in domestic and international venues to fend off infringement.

Financial Services

The adoption of AI within the financial sector has the potential to create sweeping changes for all types of entities, including banks, lenders, private equity firms, and fintech companies, among others. For example, mortgage lenders have begun to feed digitized consumer data into AI systems to assist in the lending decision-making process. Meanwhile, a variety of investment firms are using AI to evaluate investment opportunities.

Bradley’s AI lawyers have deep financial services industry experience and can help financial institutions navigate laws and regulations as they pertain to AI. We can help clients assess their selection of AI technologies to proactively prevent and litigate against claims of discrimination in the use of AI for lending decision-making, patent and license proprietary AI innovations, and compliance with confidentiality and disclosure requirements as they relate to AI.

Insurance Coverage

As more companies adopt AI, new risks emerge. For example, a construction company seeking to use automated vehicles that rely on AI may benefit from policies that include language that covers AI-related liabilities. Our team can assist companies in selecting and negotiating insurance policies that speak to their unique AI risks, including risks associated with injury, property damage, and cybersecurity and data privacy, among other areas. We also work with insurance providers to help them develop policies that include coverage for AI-associated risks.

Litigation

Artificial intelligence is changing not only how businesses operate, but also how disputes are investigated, litigated, and resolved. Organizations increasingly face litigation and regulatory scrutiny involving AI-generated content, automated decision-making, intellectual property, contractual liability, privacy, and regulatory compliance, while courts and government agencies continue to shape the legal standards governing these emerging issues. Bradley’s litigators help clients identify and manage AI-related risks before disputes arise and represent them throughout litigation, arbitration, regulatory investigations, and other high-stakes proceedings. We advise clients on AI governance, electronic discovery, preservation obligations, and the evolving legal issues surrounding AI-generated evidence. By combining deep litigation experience with practical knowledge of AI technologies, we help clients navigate an evolving legal landscape while protecting their business objectives. Bradley’s litigators also leverage proven AI-assisted technologies to enhance the discovery process in complex matters by combining advanced litigation support tools with experienced attorney judgment.