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

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 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 our robust in-house data science capabilities to help clients test AI models for potential algorithmic discrimination.

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.

As employers rapidly adopt AI-driven solutions to boost efficiency and spark innovation, we help organizations navigate the shifting legal and regulatory landscape. Our team provides comprehensive guidance and support in areas such as:

• Compliance with AI-Related Laws and Regulations: Ensuring adherence to federal, state and local requirements impacting the use of AI in employment decisions (e.g., NYC Automated Employment Decision Tools Law and the Colorado Consumer Protections for Artificial Intelligence Act).
• Bias Mitigation and Bias Audits: Identifying and reducing the risk of algorithmic bias through audits and best practices, thereby promoting equitable outcomes and reducing potential liability.
• Internal AI Policies: Drafting workplace policies that govern employee use of AI tools, addressing data privacy, information security and ethical considerations.
• Collective Bargaining Obligations: Evaluating the potential need for bargaining under the National Labor Relations Act (NLRA) when AI-related workplace changes or automation could affect unionized workforces.
• FLSA Exemption Analysis: Examining how AI-driven responsibilities and workflows might influence employee classification under the Fair Labor Standards Act (FLSA).
• Workforce Planning and Job Displacement: Advising on strategies to manage potential job displacement and restructuring challenges associated with AI implementation.

By providing proactive legal counsel at every phase of AI deployment, we help clients mitigate risk, foster compliance and fully harness the transformative potential of AI in the workplace.

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 testing and risk management services for insurers, fusing our deep bench of attorneys trusted by the insurance industry and regulators alike with our robust in-house data science capabilities.

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, builds and implements 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 in a way that thoughtfully mitigates regulatory, litigation and reputational risks. The team has:

• Advised numerous 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 potential 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.

The international regulatory framework impacting artificial intelligence (AI) and machine learning (ML) is evolving at breakneck speed as countries grapple with the ethical, legal and societal implications of these powerful technologies and businesses seek to maximize the opportunities and manage the risks. Faegre Drinker’s AI-X team can help you adapt to new regulatory requirements, keeping you informed on emerging laws, regulatory guidance, industry standards and current market practice. We design and help clients implement risk management frameworks to mitigate exposure and adapt to new regulations — no matter where you are located or where you do business — and bridge connections across borders with the regulatory, data science, academic, consumer rights and industry leaders at the forefront of these issues. With the extra-territorial impact of sweeping regulations such as the EU AI Act, the Faegre Drinker AI-X team, a global network of legal and consulting professionals from across the United States and in London and Shanghai, prioritizes your interests so that you can leverage the power of AI while managing the business risks.