Artificial Intelligence Team

Automated mortgage decision making.  Back office payroll.  In-house contract review.  The opportunities brought by Artificial Intelligence (AI) and machine learning products are endless, but the risks are real.   Our clients are on the cusp of technological advancement, and choose Beckage PLLC to evaluate, test, and implement AI and machine learning products and services to advance their business goals.

We work hand in hand with our clients in health care, financial services, retail, and manufacturing to explore ways in which AI can provide business benefits, while considering and working to mitigate the legal and ethical implications of such use.

Our experience includes advising on AI principles and regulatory considerations, including addressing potential consumer protection implications such as privacy violations, unintentional discrimination or bias, and accidents.  We conduct AI risk assessments, draft company-wide AI policies, negotiate AI contracts, advise on the risk of AI product defects and continuity of service issues, and work to make AI an effective and meaningful reality for our clients across sectors.

Evolving AI Standards: United States and International

We monitor AI regulatory initiatives in the United States and abroad, including by attendance at the FTC’s Consumer Privacy in 21st Century hearing on Algorithms, Artificial Intelligence, and Predictive Analytics, and evaluation of the National Institute of Standards and Technology (NIST) Framework for AI Standards.  We interface with national trade groups concerning AI standards, including familiarity with the U.S. Chamber of Commerce’s Artificial Intelligence Principles. Internationally, the Beckage team includes Certified Information Privacy Professionals/European Union as certified by the International Association of Privacy Professionals, and our attorneys work to address international principles governing the use of AI as set forth in the General Data Protection Regulation (GDPR) and other international laws, or as recommended by the European Commission’s Communication on Artificial Intelligence for Europe.

We work to address the sometimes competing landscape of AI standards in a manner appropriate to the client's sector, intended use of the AI tool, and dataset.

AI Risk Assessments

Beckage attorneys identify and address key risks in AI implementation, and work hand in hand with C-Suite, legal, IT and security professionals to provide an enterprise-wide assessment of physical and digital safety risks, and their mitigation.  To address risks such as bias, we work with IT and members to evaluate data feeds for incomplete or inaccurate data, while concurrently addressing the security risks of unauthorized access to data.  We advise on opportunities for human review and oversight, and work to ensure audit rights and algorithmic integrity.

AI Policies and Training

We draft AI policies and procedures, which include specific controls for AI models and address AI oversight.  We work to clearly communicate the use of AI to consumers as needed, staff, many of whom are customer-facing, and provide training on AI transparency and outcomes. We update and revise privacy policies, terms of use and ADA accessibility statements to make requisite disclosures regarding the use of AI technologies, data and related decisions.  Beckage attorneys strategize with in-house development teams on internal AI efforts, and train staff on the use of third-party AI products and tools.

AI Contract Review/Vendor Due Diligence

For third-party AI tools and products, we conduct vendor due diligence and negotiate AI contracts.  We work towards the inclusion of protective contractual provisions regarding data ownership, product defects, algorithmic integrity, insurance, data reimportation, audit rights, security standards and risk shifting opportunities.