Artificial Intelligence

Artificial intelligence, including generative AI, machine learning and deep learning—once imaginative technologies—have been rapidly integrated across industries touting transformative solutions for businesses to streamline and maintain a competitive stance in today’s market.

Loeb & Loeb’s Artificial Intelligence (AI) practice brings together lawyers from nearly every discipline across the firm, including privacy, technology, corporate and regulatory counseling, advertising, intellectual property, employment and litigation.

Our highly skilled, multidisciplinary team blends cutting-edge legal and technological experience to provide business-focused counsel, helping clients leverage opportunities and mitigate the risks posed by AI and automation. With experience advising across diverse industries, including entertainment, media, healthcare, technology, advertising, life sciences, and consumer products, our team has a rich history of adapting to innovative and disruptive technological changes. This adaptability extends to the advent of AI, which has triggered scrutiny and raised new questions around content creation, ownership and sharing, information security and privacy, technology ownership and licensing, as well as corporate and industry-wide governance policies.

Our lawyers are at the forefront of AI-related legal and regulatory developments in the U.S., Europe, and globally. We guide companies, developers, investors and buyers through the legal and regulatory challenges arising from the development, implementation, and use of AI platforms and applications. Our team helps clients anticipate risks, overcome challenges, and implement robust AI compliance policies and principles, addressing the evolving regulatory frameworks.

Loeb’s AI lawyers offer practical, business-minded guidance in the following core areas:

Our lawyers help companies navigate the issues that arise at the intersection of privacy and AI. We have advised on everything from the risks involved with web scraping to standards for de-identification and to the challenges connected to the collection and use of biometric data. We support clients throughout the AI lifecycle, including creating AI and data governance policies and risk assessments, advising on product reviews, reviewing licensing and other data use agreements and advising on AI ethics programs. We help clients understand the current patchwork of legal obligations and we are also closely monitoring the status of pending laws.

With AI components now integral to most technology and sourcing transactions, we provide valuable insight into trends, risks and opportunities regarding implementation and use of AI technologies. Our Technology and Sourcing lawyers empower clients to navigate transformative AI technology and innovative business models, from strategic planning to exit strategies. We regularly support clients in negotiating groundbreaking transactions, especially those involving the creation and use AI technologies, and licensing of data and content for processing with AI tools. Our experience includes advising on AI contracts for subscription and use of AI tools, licensing of data and content, addressing supply chain concerns about use of AI in the provision of goods and services, and creation of joint ventures that leverage AI for enhanced data and content utilization and monetization.

Whether you're an AI service provider or a business looking to integrate and use AI, our lawyers offer practical, business-savvy advice on the full range of corporate and transactional matters related to AI. From business combinations to strategic investments, sales and acquisitions, Loeb is at the forefront of advising on AI-related deals.

Notably, our team has handled groundbreaking deals related to AI. This includes advising a major health care provider in a first-of-its-kind transaction to establish a joint venture to develop and commercialize breakthrough health care AI to improve quality and access to care and close health equity gaps.

Loeb’s long-standing and broad-based representation of content creators, owners, and distributors across the music, motion picture and television industries makes us uniquely positioned to advise on AI matters in the entertainment space. Our lawyers offer advice on the risks and opportunities associated with leveraging AI in songwriting, music and video production, artwork and branding assets. We also have extensive experience assisting with negotiations with WGA, DGA, and SAG-AFTRA as it relates to AI matters.

At the intersection of AI and health care, we advise clients on the utilization of AI in clinical trials for medical devices and drugs. Our services also extend to reviewing contracts and navigating data licensing for AI processing in the highly regulated health care industry. Our deep understanding of the health care space allows us to serve as strategic legal and business advisors to companies across the industry. In this capacity, we advise on a wide variety of day-to-day business matters, including the establishment of efficient AI ethics review processes which involves drafting and assessing AI impact assessments.

Loeb’s deep familiarity with intellectual property laws allows us to counsel clients across industries in connection with a wide variety of matters related to AI and automation. We help clients protect works created with the assistance of AI, including by registering those works with the United States Copyright Office. We review terms of service and AI licensing agreements to ensure that our clients retain ownership and control of their intellectual property, and we develop and implement strategies to prevent unauthorized use of our clients’ intellectual property by AI. Our experience also includes navigating copyright issues such as fair use, secondary liability, and the proper handling of copyright management information, which are at the heart of recent litigation involving AI. We regularly counsel clients on protection measures and licensing strategies to safely monetize AI-generated assets, ensuring comprehensive brand integrity.

On the patent side, Loeb has a longstanding history of successfully drafting and prosecuting patents on AI technology. Our team's deep understanding of AI's technical aspects results in efficient patent development for our clients. We have experience with various AI applications, including translations, maps, medical diagnostics, fraud detection, virtual reality and manufacturing design. Additionally, our team excels in litigating AI-related patents for both plaintiffs and defendants in areas such as computerized trading, web page creation, biotech, and encoding techniques.