Artificial Intelligence, Algorithmic Decision-Making & Big Data (AI-X) Team

Advising on regulations and risk management. Measuring and mitigating unintended bias. Delivering peace of mind.

Overview

Regardless of the industry or customer base you serve, you likely use (or are considering using) artificial intelligence or algorithms to help make business decisions. As policymakers continue to address concerns about these tools — particularly their potential for producing unintended bias — organizations using algorithms may be exposed to regulatory, litigation and reputational risk. We combine the regulatory and litigation experience of attorneys who have advised clients on these issues for years with Tritura — Faegre Drinker's wholly owned subsidiary providing strategic, data-driven professional services to the firm's clients and beyond using AI, machine learning and other advanced technologies — whose data scientists understand the inner workings of these technologies and can test your algorithms for unintended bias. With this interdisciplinary approach, we help you understand the risks related to automated decision-making, respond to emerging laws and regulations, keep up with best practices, and leverage the value of AI and algorithms in a safe, legal, and ethical manner.

AI-X Team Leads

Areas of Focus

Faegre Drinker enables clients to leverage the power of AI and algorithms in a safe, legal and ethical manner. Click on the concentrations below to see how we facilitate the use of AI in important business considerations.
Open All+ Close All+

Regulatory & Risk Management

Faegre Drinker stands at the forefront of rapidly developing AI laws, regulations, best practices and industry standards. Trusted by industry and regulators alike, our skilled interdisciplinary team advises the firm’s clients on the emerging legal and regulatory requirements governing the use of nascent AI technologies. We help navigate the complexities involved with harnessing the power of AI and automated decision making. Our team designs, builds and helps clients implement practical and tailored AI governance programs to foster responsible AI use in a manner that mitigates regulatory, litigation and reputational risks. We also leverage the robust data science experience of Faegre Drinker’s technology subsidiary, Tritura, to help clients test AI models for potential unfair discrimination.

Tritura

Not only do we know the law, but we also know data and technology. Our technology subsidiary, Tritura, is a market leader that has the experience and technical know-how when it comes to the use of AI. With skilled data scientists and QuarterJack™, Tritura’s proprietary data analytics and AI platform, we leverage technology to efficiently and effectively resolve the complex commercial issues our clients face in a data-driven economy. Whether it’s testing AI models for algorithmic discrimination, migrating legacy data to a contract lifecycle management platform, or streamlining due diligence efforts in the M&A process, Tritura helps clients achieve better legal and business outcomes.

Policy, Advocacy & Consulting

Our federal policy and advocacy consulting team assists clients with their federal government affairs strategies, including designing and executing legislative and regulatory strategy. We have deep capabilities in digital health policy, including telehealth, and help clients across the health care sector navigate the digital health policy landscape. As AI emerges as the next revolution in industries including health care, the Faegre Drinker federal policy and advocacy consulting team is tracking and analyzing the federal government response. We are helping clients understand what Congress and the administration is thinking, and help clients influence policymaking and prepare for new regulatory environments.

Intellectual Property & Patents

Faegre Drinker has been working on AI-related patent applications for the last decade and currently devises patent strategies, provides opinions and guides patent prosecution work involving numerous aspects of AI. We have helped clients pursue patents focused on the next generation of AI models, including generative AI and large language models (LLMs), and we draft patent applications for inventions that include new AI models or incorporate existing AI models in new ways. We work on patent applications covering software platforms using AI models, medical devices using AI models, how such models are trained, and how the trained models are used to provide useful results. Our technical knowledge enables us to handle sophisticated matters for diverse technologies across a wide range of industries.

Intellectual Property & Tech Transactions

Data, machine learning (ML) and AI can be used to drive more informed decisions, create process improvements, target key customers, and discover and invent new and improved products and services. But many organizations fail to capitalize on the value of their large data sets, merely using their data for day-to-day business functions — often allowing service providers to harvest and benefit from their valuable data for free. We’re here to help you capture the value of your data. Our cross-disciplinary team of intellectual property, data strategy, privacy, cybersecurity and regulatory attorneys leverage years of experience to help you protect your data, understand the risks related to protecting and monetizing data, strike deals to facilitate data sharing/processing, and realize the strategic value of your assets. We do this by:

  • Helping you evaluate the benefits and risks of limiting use of your data to your internal users versus allowing vendors to improve tools or create new tools using your data that will benefit others (including, potentially, your competitors).
  • Drafting and negotiating agreements that delineate rights to use different types of data (identifiable, anonymized, etc.); rights to create de-identified and aggregated data; access and rights to usage data; rights to use data for purposes of training AI/ML tools, as well as ownership of and/or restrictions on use of the model parameters and other AI/ML learnings generated from your data; and rights to use your data to create derivative data products and/or benchmarking tools.
  • Identifying and reviewing terms applicable to third-party data sets, and in particular, to address how these data sets may be used with AI/ML-based technologies.
  • Assessing, and if appropriate modifying, internal and external privacy policies applicable to data you collect.
  • Advising on applicable laws that may potentially limit your use of collected data.
  • Structuring, drafting and negotiating IT agreements that include the provision, use or acquisition of AI/ML-based solutions.

In addition, we help you navigate the evolving regulatory landscape of Big Data by providing advice to help ensure compliance with applicable laws, regulations, industry practices and technology standards related to your data and your use of AI/ML-based technologies.

 

Labor & Employment

The use of AI for employment decisions is becoming more routine, and the government is paying attention. Selection procedures of any kind have long been regulated by the Equal Employment Opportunity Commission and other federal, state and local agencies, and a recent executive order issued by President Biden encourages their further involvement to ensure that the use of AI does not result in unlawful bias within the workplace. Our labor and employment team is an integral part of our AI-X team, and stays on top of the AI laws and regulations related to employment as they are issued, and is active in commenting on proposed laws and regulations. We also work with labor economists to test our clients’ proposed use of an AI product for bias, to help ensure that its use will not violate non-discrimination laws. 

Privacy & Cybersecurity

Faegre Drinker assists clients on compliance with privacy laws and regulations in their use of AI and machine learning. With significant experience handling information governance, data privacy, cybersecurity and other technology-driven matters, we keep clients current on the evolving regulatory landscape of AI and its impacts on their privacy obligations. We advise on emerging AI regulations, such as the EU AI Act and UK legislative proposals, and on how existing data privacy and security regulations impact our client’s use of AI. We counsel clients on data privacy and security issues, particularly on implementing data privacy impact assessments for AI technologies and implementing data ethics and algorithmic transparency reviews.

Insurance

When it comes to the use of AI, insurers face a dynamic legal and regulatory environment, emerging technologies and a complex set of risks. In response, Faegre Drinker launched its algorithmic testing and AI governance and risk management service for insurers, fusing our deep bench of attorneys trusted by the insurance industry and regulators alike with the robust data science and technology capabilities of Tritura — powered by Tritura’s proprietary data analytics and AI platform, QuarterJack™.

Faegre Drinker’s AI-X team combines technical know-how with vast legal experience to help insurance clients effectively navigate the complex and shifting landscape. The team designs AI governance programs tailored to each client’s needs and provides comprehensive data science capabilities to test AI models for potential unfair discrimination. The interdisciplinary team of attorneys and data scientists helps businesses leverage the benefits of AI and Big Data in a way that thoughtfully mitigates regulatory, litigation and reputational risks. The team has:

  • Advised insurers, insurance trade associations and third-party vendors in connection with AI risk management/governance issues and emerging regulatory standards and expectations at the state, federal and international levels.
  • Helped insurance clients test AI models for unfair discrimination.
  • Regularly been called upon by insurance clients to brief the nation’s top insurance regulators on AI matters, including ways that insurers can employ risk management and governance to mitigate their regulatory, litigation and reputational risks.
  • Been recognized as a national leader in the AI/insurance regulatory space and regularly presents at industry conferences and private events.

Autonomous Vehicles

Our autonomous vehicle team tracks updates in legislation and regulation related to autonomous vehicles, including the necessary incorporation of AI. We present and publish on recent trends and issues facing this industry. We represent clients in litigation related to autonomous vehicles. And we address questions about whether AI can be to blame for accidents and mishaps. AI is central to the autonomous vehicle industry and the future of transport in our country. Our team will continue to operate at the forefront of these issues.

Team

Insights & Events

Artificial Intelligence and Algorithmic Decision-Making Insights

Updates February 2024

Artificial Intelligence Briefing: House Launches Bipartisan AI Task Force

7 min read  
Media Mentions February 2024

Scott Kosnoff Contributes to Lex Mundi Report on Implications of GenAI for Corporate Legal Management

1 min read  
Media Mentions February 2024

Chicago Lawyer Speaks to Jay Brudz and Lionel Weaver About the Impact of AI Regulations on Insurance Law

1 min read  
Published Articles February 2024

Was This Column Written by ChatGPT?

1 min read  
Updates February 2024

EU Artificial Intelligence Act — Final Form Legislation Endorsed by Member States

8 min read  
Updates January 2024

Fourth Quarter 2023 Government Contracts Policy and Regulatory Review

13 min read  
Updates January 2024

Artificial Intelligence Briefing: NYDFS Releases Proposed Circular on AI Use in Insurance Underwriting, Pricing

5 min read  
Media Mentions January 2024

Scott Kosnoff and Jay Brudz Share Guidance on AI Risk Management in Indiana Lawyer

2 min read  
Media Mentions December 2023

Minnesota Lawyer Speaks to AI-X Team Co-Leaders Jay Brudz and Scott Kosnoff About AI Regulations and the Team’s Services

2 min read  
Media Mentions December 2023

Life Annuity Specialist Highlights Faegre Drinker AI-X Team’s Risk Management Services for Insurers

1 min read  
Media Mentions December 2023

Nick Mathioudakis Discusses Venture Capital Funding in Artificial Intelligence with Indiana Lawyer

2 min read  
Published Articles December 2023

5 Steps for Health Care Companies After Biden’s AI Order

1 min read  
Updates December 2023

Artificial Intelligence Briefing: NAIC Adopts AI Model Bulletin

5 min read  
Media Mentions November 2023

Jonathon Gunn Comments on UK’s National Security & Investment Act With IFLR

1 min read  
Blog Post November 2023

Bletchley Park AI Safety Summit 2023

Discerning Data Blog
1 min read  
Updates October 2023

Artificial Intelligence Briefing: Sweeping EO “Establishes New Standards for AI Safety and Security”

6 min read  
Published Articles October 2023

A Look Into the Developing Regulation of Employer AI

1 min read  
Media Mentions October 2023

Scott Kosnoff Addresses State AI Rules for Insurance With ThinkAdvisor

1 min read  
Media Mentions October 2023

Jeffrey Ganiban Comments on Health Care Organizations Utilizing AI With Business Insurance

1 min read  
Media Mentions September 2023

Scott Kosnoff Discusses Colorado’s New Data Regulations With ThinkAdvisor

1 min read  
Published Articles September 2023

4 Ways to Approach the Nuances of AI Vendor Contracts

1 min read  
Updates September 2023

Artificial Intelligence Briefing: AI Insight Forum Underway

5 min read  
Media Mentions September 2023

Scott Kosnoff Comments on Colorado Life Insurance AI Regulation With ThinkAdvisor

1 min read  
Updates September 2023

2023 Legislative and Regulatory Developments Affecting Autonomous Vehicles

20 min read  
Updates August 2023

No Robot Bosses! Congress Takes on Employers’ Use of Artificial Intelligence

5 min read  
Updates August 2023

Artificial Intelligence Briefing: SEC Cracks Down on Broker-Dealers and Investment Advisors Using Predictive Data Analytics

8 min read  
Updates August 2023

Keeping Pace With IP Law as it Evolves on Generative AI

4 min read  
Published Articles August 2023

Fast-Evolving Copyright and Patent Law on Generative AI

1 min read  
Published Articles August 2023

AI Programs Used by Employers May Lead to Title VII Discrimination Claims

1 min read  
Updates August 2023

Artificial Intelligence Briefing: NAIC Lays Out Regulatory Guidance in 10-Page Bulletin

4 min read  
Published Articles July 2023

ChatGPT Can’t Predict the Future of Antitrust and AI (Yet)

1 min read  
Updates July 2023

State AG Updates: Oregon, Connecticut, California, New York and Multistate Coalitions

6 min read  
Updates June 2023

Artificial Intelligence Briefing: EU Parliament Approves AI Act

4 min read  
Updates June 2023

Artificial Intelligence: EEOC Addresses Employer Liability When Using AI in Selection Procedures

3 min read  
Updates June 2023

2023 NFI Insurance Public Policy Summit Highlights “Balancing Act”

10 min read  
Updates May 2023

Is Your Organization ChatGPT Ready?

4 min read  
Media Mentions April 2023

Scott Kosnoff Discusses Artificial Intelligence Regulation With Life Annuity Specialist

2 min read  
Media Mentions April 2023

Scott Kosnoff Comments on Colorado's Life Insurance Draft Bill With Legaltech News

1 min read  
Media Mentions April 2023

Gerald Hathaway Discusses Implications of ChatGPT for Employers With Minnesota Lawyer

2 min read  
Published Articles April 2023

Generative AI Brings a New Generation of Legal Issues

1 min read  
Updates April 2023

Artificial Intelligence Briefing: New York City Department of Consumer and Worker Protection Ready to Enforce Regulation of Automated Employment Decision Tools

6 min read  
Updates March 2023

Artificial Intelligence Briefing: Senate Committee Hears Testimony on Algorithmic Transparency, Accountability

7 min read  
Updates February 2023

Artificial Intelligence Briefing: NIST Releases AI Risk Management Framework and Playbook

5 min read  
Updates December 2022

New York Artificial Intelligence Employment Law Delayed

2 min read  
Updates December 2022

Artificial Intelligence Briefing: D.C. Hits Pause on Stop Discrimination by Algorithms Act of 2021

3 min read  
Updates December 2022

AI Regulation in the U.K. — New Government Approach

4 min read  
Media Mentions October 2022

P&C Specialist Turns to Scott Kosnoff for Insight on AI and Algorithmic Decision-Making Tools in the Insurance Industry

2 min read  
Updates September 2022

Artificial Intelligence Briefing: FTC Holds Forum on Commercial Surveillance and Data Security

6 min read  
Updates August 2022

Artificial Intelligence Briefing: FTC to Address Commercial Surveillance and Data Security

5 min read  
Updates August 2022

Insurers’ Use of Artificial Intelligence: Opportunities and Challenges

3 min read  
Media Mentions July 2022

Scott Kosnoff Speaks With Legaltech News About Proposed Artificial Intelligence Regulations

2 min read  
Updates June 2022

Artificial Intelligence Briefing: Feds Take Aim at Algorithmic Bias

7 min read  
Updates June 2022

Artificial Intelligence Briefing: CFPB Weighs in on Algorithmic Transparency

4 min read  
Media Mentions June 2022

The American Lawyer Speaks to Scott Kosnoff and Bennett Borden About Launching the Firm’s AI-X Team

2 min read  
Media Mentions May 2022

Indianapolis Business Journal Talks to Scott Kosnoff About Artificial Intelligence and the Firm’s AI-X Team

1 min read  
Media Mentions May 2022

Indiana Lawyer Profiles Faegre Drinker’s AI-X Team

2 min read  
Media Mentions May 2022

Gerald Hathaway Discusses Disability Discrimination and AI Tools With Business Insurance

1 min read  
Updates May 2022

Artificial Intelligence Briefing: Agencies Release Guidance on Employer Use of AI Systems

6 min read  
Updates May 2022

EEOC, DOJ: Using AI Technology in Employment-Related Decisions May Violate ADA

7 min read  
Media Mentions May 2022

Elsa Bullard and Kate Middleton Speak to Minnesota Lawyer About Recently Launched AI-X Team

2 min read  
Media Mentions May 2022

Gerald Hathaway Provides Insight to VentureBeat on How AI Regulations May Impact Employers

2 min read  
Updates April 2022

Artificial Intelligence Briefing: Self-Regulation and Tackling Algorithmic Bias

3 min read  
Updates March 2022

AI and Employment: Tracking California’s Proposed Regulations on Employers and Automated Decision-Making

4 min read  
Updates March 2022

Artificial Intelligence Briefing: CFPB, NIST Take Aim at AI Issues

4 min read  
Updates March 2022

Artificial Intelligence Briefing: Feds Tackle AI Issues

4 min read  
Published Articles February 2022

Protecting Inventions Relating to Artificial Intelligence: Best Practices

1 min read  
Updates February 2022

Artificial Intelligence Briefing: Tracking AI Regulation and Legislation

5 min read  
Updates January 2022

Regulation of Artificial Intelligence Heats Up

2 min read  
Updates May 2021

Colo. Bill Restricting Insurers’ Use of External Data and Algorithms Passes First Hurdle

2 min read  
Updates April 2021

NAIC Issues Recommendations to Support Racial Equity

3 min read  
Updates March 2021

Colorado Bill Would Restrict Insurers’ Use of Consumer Data and Algorithms

3 min read  

Previous AI-X Events

Speaking Engagement Recap November 15, 2023

Copyrightability of AI-Generated Works

1 min read  
Speaking Engagement Recap November 11, 2023

Unleashing Generative AI: Exploring Patent, Copyright & Trade Secret Risks & Opportunities

1 min read  
Speaking Engagement Recap October 02, 2023

AI Regulation and Risk Management

Life Insurance Direct Marketing Association (LIDMA) 2023 Conference
1 min read  
Speaking Engagement Recap September 13, 2023

Regulating the AI Revolution - Chicago, IL

Generative AI in Insurance: Exploring Possibilities, Navigating Risks & Showcasing Innovative Solutions
1 min read  
Speaking Engagement Recap June 15, 2023

Artificial Intelligence (AI) and Employment Law: AI Is Really Here, It’s Rapidly Changing How We Work, and the Law Is Trying To Keep Up

1 min read  
Speaking Engagement Recap May 04, 2022

MedTech Forum 2022

2 min read  
The Faegre Drinker Biddle & Reath LLP website uses cookies to make your browsing experience as useful as possible. In order to have the full site experience, keep cookies enabled on your web browser. By browsing our site with cookies enabled, you are agreeing to their use. Review Faegre Drinker Biddle & Reath LLP's cookies information for more details.