概览
人工智能(AI)正为开发商、投资者、用户等各方创造充满活力的新机遇和新挑战。在快速演进的全球法律和监管环境下,孖士打与各行各业和各个地区的客户携手合作,共同处理这一领域的各种问题。
本所跨学科的人工智能业务团队由来自网络安全及数据隐私、知识产权、技术交易、公司、争议解决、监管、雇佣等业务领域的律师组成。我们采用整体服务方式,不仅解决客户迫在眉睫的法律需求,而且考虑到长期影响和策略因素。我们的专长涵盖:
- 网络安全及数据隐私:就全方位的网络安全和隐私事宜提供咨询,涉及人工智能工具的开发和部署、跨境数据传输以及数据创新和治理考量。
- 知识产权:通过战略知识产权管理和执法来保护人工智能的创新、训练数据和输出成果。
- 技术交易:起草、审查和谈判涉及人工智能的合同,包括数据许可协议、云服务协议、人工智能系统开发和集成协议以及人工智能产品和服务协议。
- 公司:为人工智能企业制备股权投资、合资、合并、收购、剥离和其他公司交易协议。
- 企业管治及监管合规:向董事会和管理层就风险管理策略提供法律服务,并协助其应对复杂且不断变化的各种人工智能法规和标准。
- 数据伦理和公平:就人工智能技术开发和使用的相关伦理考量提供咨询,涵盖公平性、透明度、问责制和减轻偏见,包括雇佣歧视和公平借贷问题。
Experience
- Advised one of the world’s leading global technology companies to provide privacy support and respond to AI governance questions for cloud-based generative AI customer offerings.
- Advised companies in various sectors, including financial, retail, business services, and others, related to use of AI in human resources operations.
- Implemented policies and procedures to honor consumer rights requests related to AI and prepared appropriate policy notices for AI usage and vendor contracts related to AI service providers.
- Developed and facilitated tabletop exercises on hypothetical AI incidents for a range of clients.
- Counseled a major academic institution on its collaboration with multiple other parties related to the funding and operation of AI and robotics research and development centers, including drafting the commercial funding and IP agreements and advising on various complex IP and cross-licensing issues arising from the nature of the collaboration involving multiple parties.
- Advised a large innovative biotechnology company in a strategic collaboration with a biologic drug discovery AI company that has proprietary synthetic biology and machine learning platforms, with the goal of identifying and predicting unique therapeutic anti-viral proteins.
- Advised a leading technology company on its trade mark portfolio, with a focus on devising innovative trade mark filing strategies to protect latest emergent technologies in computer graphics, autonomous vehicles, robotics and GPU Deep Learning/AI.
- Represented a national bank and credit card issuer in licensing and use of AI products and cloud services for use for core banking services and data analytics.
Acted for a leading employee benefits provider in subscribing for AI-driven tools. - Served as counsel for a leading automobile lending company in negotiating for the development, implementation and testing of AI-driven tools for rapidly responding on point-of-sale credit approval requests.
- Represented numerous clients in outsourcing transactions where the service provider committed to reducing operating costs by implementing AI tools and providing related transformational services.
- Represented a leading national bank in a revolving credit facility to a software platform company supported by artificial intelligence.
Acted on behalf of a global restaurant company in the acquisition of the leading artificial intelligence-based consumer insights and marketing performance analytics business. - Served as counsel to an AI start-up on a £17 million initial public offering of 8.4 million New Common Shares and Subscription for 1.2 million New Common Shares.
- Represented a leading retail automotive technology company in its investment in a robotics digitization company, enabling solutions that will improve both the consumer and dealer experience by saving time, reducing errors, and driving down costs throughout the car buying process.
Acted for a major venture capital and private equity firm in the sale of a provider of artificial intelligence systems and enterprise-scale software engineering services. - Represented an insurtech venture capital firm in its Series A investment in an insurtech data-enrichment platform provider that uses AI to predict individual risk and engagement behaviors.
- Served as financial counsel for an investment fund in the acquisition by its portfolio company of a minority stake in a higher education group positioned in the fields of sustainable development and artificial intelligence.
- Acted on behalf of an investment fund in its sale of a company providing fintech and data analytics through artificial intelligence and machine learning, as well as its India-based subsidiary.
- Counseled a leading global provider of technology solutions on proposed regulatory frameworks in the US and the EU and recommended preliminary compliance steps.
- Prepared an AI impact assessment questionnaire for a leading global provider of technology solutions to assess and document risks relating to AI systems as well as broader compliance with proposed regulatory frameworks in the US and the EU.
- Helped a major global bank to develop and deploy its AI service offerings by advising the bank on the suitability of the AI tools for use for particular purposes, counseling on appropriate contract and risk allocation terms advising on intellectual property protection with respect to AI, and providing counsel on regulatory issues associated with the use of AI by a supervised financial institution.
- Developed a comprehensive AI governance framework for a global company, including building a set of principles for the use of AI as well as an assessment tool for developers of AI applications.
- Advised a number of clients on the unique contractual and regulatory issues presented when companies leverage AI to provide or improve financial services.
- Advised clients in various sectors on how to build and deploy bespoke AI governance frameworks for their organizations, with a focus on cross-disciplinary teams and risk mitigation techniques.
- Represented insurance companies in connection with disparate impact testing of machine learning models used for various insurance purposes and advised on model governance best practices.
- Counseled a leading global provider of cybersecurity solutions on proposed regulatory frameworks in the US and the EU and recommended preliminary compliance steps.
- Developed harmonized AI governance policies for clients that account for domestic and global AI frameworks, guidelines, white papers, laws and major draft laws, including developing AI governance programs.
- Counseled a global client on its AI and big data analytics project to categorize data sources and then utilize and monetize the insights and learnings obtained from AI supported data analytics performed on the data sets to develop new products and services.
- Assisted numerous clients with developing and implementing bias testing and monitoring programs to evaluate potential fairness risks in connection with the use of models and other decisioning processes in credit, fraud, marketing, insurance and other contexts.
- Represented a payment processor in connection with a wide-ranging fair decisioning project involving risk-tiering machine learning models, and performed statistical testing of high priority models for disparate impact risk in connection with fraud and credit activities.
- Advised fintechs and investors on discrimination risks and mitigation strategies related to the use of alternative data in machine learning models, including use of certain macroeconomic factors.
- Represented the purchaser of mortgage and student loans in assessing the fair lending risk associated with a marketplace lender's technology-driven non-traditional underwriting and pricing criteria.
- Advised financial institutions, credit card issuers and marketplace lenders on a wide variety of issues (including discrimination, fairness, regulator and public relations, and compliance with adverse action notice requirements) arising from the use of alternative data in underwriting/pricing, dynamic underwriting standards, and "smart" underwriting engines.
- Counseled clients regarding AI bias based on New York City employment law and other instances.
- Represented a European company specializing in generative AI in the context of a UK Competition and Markets Authority’s (CMA) merger inquiry into its partnership with a global AI services provider and successfully argued that the partnership did not qualify for investigation under UK merger control rules.
- Advised a European company specializing in generative AI on the Brazilian Competition Authority’s (CADE) investigation into its partnership with a global AI services provider.
- Assisted a European company specializing in generative AI in the context of EU competition authorities' inquiries on generative artificial intelligence.