Artificial Intelligence
Our global artificial intelligence team offers years of experience with complex AI legal matters and an understanding of the key AI technology issues, business drivers and evolving global regulatory landscape to companies around the world navigating this complex and cutting-edge technology.
Comprehensive Insight
AI raises legal questions across a broad spectrum of regulatory, corporate and litigation areas in which Skadden excels. Our team includes some of Chambers’ top lawyers for intellectual property and technology, cybersecurity and data privacy, labor and employment, capital markets, M&A, national security, tax and antitrust/competition law. We draw on our strong regulatory knowledge and experience across our global footprint to advise our clients regarding the laws governing AI, and how to plan for laws and regulations that may come into effect.
Tech Savvy
Our attorneys have a sophisticated understanding of the tools and models that underpin AI resulting from their extensive work advising clients in this space and the technical training and experience many of them possess.
Experienced in AI Development and Deployment
Skadden represents companies at every stage of the AI development lifecycle, including:
- Developers and distributors of AI models and tools.
- Owners of content and data used to train AI applications.
- Organizations developing AI governance models.
- Companies creating intellectual property strategies for use and deployment.
- Entities acquiring, or investing in, AI companies.
- Businesses preparing and testing AI incident response plans.
The firm’s clients are companies in virtually every industry incorporating AI into their environments, including advertising, automotive, consumer, cybersecurity, entertainment, fintech, insurance, life sciences and health care, marketing, media, private equity, semiconductors, software and sports, among others.
Intellectual Property and Technology
Our highly regarded intellectual property and technology attorneys advise clients on various AI-related IP issues, including those regarding AI usage, strategies and deployments. We have advised clients, including leading AI, social media, music, movie and sports entities, on:
- Developing and drafting enterprise-wide AI intellectual property strategies and policies, including with respect to licensing and enforcement issues.
- Advising companies on IP protection and registration for works with AI-generated elements.
- Negotiating agreements to license content, names and images for use in AI models and tools.
- Negotiating enterprise AI agreements.
- Drafting form language for use with in-bound and out-bound AI-related agreements.
- Counseling AI tool developers on IP protection and licensing approaches.
- Advising on transactions involving the acquisition or sale of, and investment in, AI-related companies.
Governance
Skadden counsels public and private companies, management, boards of directors and board committees on a full range of corporate governance matters and fiduciary duties related to AI development and deployment. We advise companies on how to assess, manage and monitor the benefits and risks of AI, how to structure and implement AI governance and how to ensure their boards take reasonable steps to implement and oversee AI risk management and compliance controls. We help clients both develop tailored, cross-functional AI governance practices and review those already in place, advising on whether changes may be warranted to align with global regulatory expectations and best practices.
We have advised clients, including management teams and boards of global technology and entertainment companies, sports leagues, retailers and financial institutions, on:
- AI governance related to cybersecurity, privacy, fairness and bias, safety and IP considerations.
- The development of AI policies and procedures.
- AI supply chain risk management, including the development of tailored AI impact assessments.
Cybersecurity and Data Privacy
Skadden’s market-leading cybersecurity and data privacy team helps companies traverse the growing security, privacy and compliance challenges posed by the development and use of AI. Our attorneys are well equipped to help strengthen clients’ cybersecurity preparedness and resilience and to advise on AI-related cybersecurity vulnerability management, assessments and disclosure programs.
We have extensive experience developing, implementing and reviewing effective ethics and compliance programs and sound corporate governance practices at the intersection of cybersecurity, data privacy and AI, including advising and training management teams and boards on AI-related policies, procedures and accountability frameworks.
Our attorneys also develop, enhance and assess the effectiveness of cybersecurity incident response plans and work hand in hand with cybersecurity specialists, forensic investors and other professionals to protect clients’ interests.
In addition, we track evolving regulatory and other standards related to cybersecurity, data privacy and AI.
We have advised clients, including Fortune 500 companies, on:
- Preparing for and responding to AI-related cyber incidents.
- Facilitating and developing AI tabletop exercises.
- Developing AI-enabled cyber defense products and services.
- Creating AI and cybersecurity vulnerability management and disclosure programs.
Corporate Transactions
Skadden is recognized as one of the top global advisers on corporate deals. Our highly esteemed team provides sophisticated counsel on the complete spectrum of corporate transactions, including mergers, acquisitions, joint ventures and financing matters. We have advised clients, including industry-leading, global companies in the entertainment, media, semiconductor and technology sectors and global private equity firms, on:
- Mergers, acquisitions and strategic investments involving developers and users of AI.
- Acquisitions by private equity firms of portfolio companies offering AI-powered tools.
- Joint ventures, strategic alliances and collaborations in the AI space, including for the development of AI technology.
- Divestitures and spin-offs for AI-related technologies and applications.
Compliance
We help large, global companies create effective ethics and compliance programs, including advising and training management teams and boards on AI-related policies and procedures. Skadden also tracks key AI developments at the state, national and global levels to ensure our clients’ practices keep pace with important regulatory changes.
Our work includes:
- Advising on legal, regulatory and legislative AI developments, and litigation related to emerging AI threats.
- Developing AI regulatory watch programs highlighting key global legal and regulatory developments.
Labor and Employment
Skadden’s top-tier labor and employment practice provides advice and counseling on the use of AI tools and on compliance with applicable laws covering:
- Recruitment/screening.
- Pay transparency.
- Background checks.
- Collective bargaining.
We also draft workplace policies in connection with the use of AI.
Litigation
Skadden’s Litigation Group, recognized as best in class, handles disputes involving cutting-edge legal issues in new and unsettled areas of the law. We represent and advise clients on matters across the expanding digital technology space, including in the area of artificial intelligence, where we have developed enterprise-wide AI-related enforcement strategies for a number of companies. We also advise clients on the litigation risks and discovery-related implications of AI adoption, and our antitrust team has substantial experience in the nascent area of algorithmic pricing litigation.
Other Areas
Our global team provides integrated advice in many other areas relevant to the functioning of businesses with AI issues, including tax, executive compensation and benefits and antitrust/competition.