Artificial Intelligence (AI)

Wiley’s Artificial Intelligence (AI) attorneys work on the cutting edge of strategy, advocacy, and counseling, with years of experience advising clients on AI use and its legal issues, risks, and opportunities. Our practice builds on its deep experience with Washington, DC and state decisionmakers and extensive expertise in emerging technology – earning clients’ trust that its attorneys understand the technology and are effective advocates.

Our team has experience working across sectors, including critical infrastructure, government contractors, nonprofit organizations, and technology companies. We represent our clients on some of the most prominent AI regulatory, enforcement, transactional, and intellectual property matters. We handle matters involving generative AI, biometrics, facial recognition, and other uses of AI, and their implications in the areas of privacy and cybersecurity, Federal Trade Commission (FTC) regulation, international trade, government contracting, and intellectual property. Our work ranges from licensing negotiations to compliance counseling to successful representation in investigations and enforcement matters.

Our team’s extensive experience includes:

• Developing corporate policies, principles, and governance approaches for companies of all sizes implementing AI.
• Advising clients on legislative and enforcement developments and strategy related to AI and algorithmic decision-making.
• Advising clients on legal and regulatory risks related to privacy, safety, security, fairness, transparency, explainability, and accountability in AI development and deployment.
• Counseling on compliance with specific applicable laws and regulations, including the Fair Credit Reporting Act and state AI laws.
• Drafting advocacy in federal and state regulatory proceedings related to AI and algorithms, including at the White House, Federal Trade Commission (FTC), Federal Communications Commission (FCC), U.S. Department of Commerce, and the California Privacy Protection Agency.
• Successfully handling government inquiries into AI and data privacy practices.
• Negotiating license agreements on behalf of AI developers and content rights owners for the training of AI models and generation and display of AI output.
• Advising on intellectual property considerations in the development and deployment of AI.

Recent representative matters include:

• Developing and drafting enterprise AI policies across wide range of corporate entities from multinational public companies to nonprofits, including companies in the health and transportation sectors.
• Successfully handling government inquiries into AI-related practices, including from the FTC and FCC.
• Representing a multinational information technology company in negotiating and documenting deals with publishers and other content rights owners for access to content to train AI models, and to generate and display AI output.
• Revising vendor contracts to allocate risks and indemnification obligations to address intellectual property infringement claims related to delivery of AI-generated content.
• Providing counseling to multiple clients on intellectual property risks and risk-mitigation strategies, associated with use of AI-generated content, and handling litigation to enforce IP rights.
• Advising government contractors on deployment and procurement of AI products and services.
• Representing clients in advocacy regarding proposals for mandatory AI disclosures and risk assessments.
• Providing strategic advice and developing advocacy related to AI for key stakeholders in the communications sector.
• Advising companies on EU privacy and AI issues and risks, including use of biometric AI tools.
• Advising clients on their advocacy efforts on federal and state proposals to regulate AI. We analyze draft federal and state legislation and regulatory proposals, propose revisions to support our clients’ policy efforts, and provide advocacy points.

Contact Us

Duane C. Pozza
202.719.4533 | dpozza@wiley.law