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- Home
- Practices and Industries
- Technology
- Artificial Intelligence
Artificial intelligence (AI) is being adopted in a broad set of industries, and is starting to reshape some of them, generating new opportunities and challenges, and raising novel legal issues. With the rapid evolution of AI technology and with legislators, regulators and industry leaders considering the appropriate legal and regulatory frameworks for AI, companies are facing an uncertain business, legal, and policy landscape.
Covington is particularly well placed to help clients realize the benefits of AI while managing these business, legal, and policy risks.
We have guided companies through the full lifecycle of AI applications, from the earliest stages of financing and development through implementation and beyond. Our clients include developers of general AI platforms and technologies, as well as developers and users of a wide range of more specific AI applications, including autonomous vehicles, conversational assistants, security systems and malware detection, personalized advertising and product recommendations, money laundering avoidance, and digital health.
More generally, Covington has a unique mix of regulatory, transactional, and litigation expertise that allows us to address AI-related issues wherever they arise, including in antitrust and competition law, data privacy and cybersecurity, e-discovery, intellectual property, M&A, financial services, digital health, class-action litigation, insurance recovery, government procurement, and public policy and government affairs.
We have provided AI-related counseling and advice in a wide range of industries, including technology, financial services, energy, consumer brands and retail, travel and transportation, healthcare, and life sciences.
Significant Government and Cross-Practice Experience
Our team includes lawyers with significant government experience, including a former Deputy General Counsel of the U.S. Federal Trade Commission, former Assistant Attorneys General from the Department of Justice and a Judge from the U.S. Court of Claims. In addition, clients active in the AI space benefit from our close coordination of our wide ranging regulatory practices. Our Public Policy practice also can advise on achieving legislative and regulatory goals. Our corporate lawyers handle financing, M&A, ventures, and other commercial transactions. And our deep bench of litigators with significant trial experience can assist with disputes around the world.
AI Algorithms and Services Cybersecurity
Advising a software company and other high-tech companies on the integrity and security of AI algorithms and services.
AI Technology Trade Controls
Advising a technology client on potential risks for violations of trade control laws and other criminal activity by AI technologies.
Digital Health AI
Advising regulated pharmaceutical and device companies on the use of AI for digital health services.
AI Autonomous Vehicle Insurance Coverage and Litigation
Advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles.
Government Contracts AI
Provided training to clients on AI and its impact in the government space.
E-commerce Competition
Representing a global online service on competition issues raised by the use of AI to better respond to consumers.
Conversational Assistants
Represented a client on data privacy and security issues raised in connection with its acquisition of a voice and chat assistant conversational AI company.
Autonomous Vehicles AI Technology
Advising a tech company on a joint venture for the development of autonomous vehicles AI technology.
Counseling on Potential Tort Claims for AI Technologies
Advising providers of AI technologies in assessing the risk of tort and other legal claims.
Retail Sector Analytics AI
Advising retailers on the design and implementation of data analytics solutions utilizing AI.
Autonomous Vehicles AI Technology
We assist clients developing artificial intelligence technologies for autonomous vehicles. Matters have included advising a tech company on a joint venture for the development of autonomous vehicles AI technology. Separately, we assisted a client with a standard essential patents/essentiality complaint before the EU and national courts in the automotive/wider driverless car sector.
Insurance Coverage for AI, Autonomous Vehicles, and Other IoT Products
We advise clients on closing insurance gaps associated with new technologies. Matters have included advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles. We help policyholders recover insurance—both in the U.S. and abroad—for a wide variety of claims, including mass-tort liabilities, property and business interruption losses, marine, and D&O, E&O, and many other types of exposures.
AI Data Privacy
Advising AI providers on the privacy implications of collecting and using large datasets of consumer data (including text, voice, and biometric information) to develop, train, and improve their AI solutions.
Advised BenevolentAI on its $90 million Equity Investment from Temasek
Advised BenevolentAI, which creates and applies AI and machine learning to transform the way medicines are discovered and developed, on its $90 million equity investment from Temasek, a Singapore-headquartered investment company.
Advising a Leading Global Technology Trade Association
Advising a leading global technology trade association and its members on the application of existing U.S. anti-discrimination laws to artificial intelligence systems.
Advising an Emerging Technology Company on Wireless Charging Patent
Advising an emerging technology company on the in-licensing of wireless charging patents and other intellectual property from a UK university.
Advised UK-based Clinical AI Company Sensyne Health
Advised Sensyne Health, a UK-based clinical AI company, on: a collaboration with Bayer to analyze patient data from the UK National Health Service using Sensyne’s clinical artificial intelligence platform and apply the findings to Bayer’s cardiovascular disease pipeline; Jefferson Health to evaluate the clinical and commercial potential of its GDm-Health™ system in the United States; novel strategic research and data processing; and agreements with the Chelsea and Westminster Hospital National Health Service (NHS) Foundation Trust, the Oxford University Hospitals NHS Foundation Trust, and the South Warwickshire NHS Foundation Trust.
Assist a Global Cloud Services Provider in Drafting AI Analysis
Assist a global cloud services provider in drafting analysis assessing the potential benefits of using artificial intelligence in the manufacturing sector and the policy and regulatory issues that such uses may raise.
Advising Leading Global Technology Service Provider and Trade Association on Ethics Guidelines
Advising a leading global technology service provider and a global technology trade association on ethics guidelines published by the EU High Level Expert Group on Artificial Intelligence.
Advising Leading Global Technology Service Provider and Trade Association
Advising a leading global technology service provider and a global technology trade association on ethics guidelines published by the EU High Level Expert Group on Artificial Intelligence.
Advising Global Service Provider on Financial Services Project
Advising a global service provider on a project that sits at the intersection of tech advisory and trade controls, including on the use of AI tools by financial services providers.
Assist Online Services Provider in Assessing Applications of EU Competition Law
Assist a leading online services provider in assessing possible applications of EU competition law to uses of artificial intelligence and data analytics by dominant firms.
Advising a Leading Health Service Provider on a Collaboration with an NHS Trust
Advising a leading health service provider on a collaboration with an NHS Trust to collaborate on the development of a range of AI-driven digital health solutions for patients.
Advising the AI Business of a Multinational Technology Company on Using Personal Data
Advising the AI business of a major American multinational technology company on using personal data to train machines and related copyright issues, and issues around bias.
Advising a Pharmaceutical Company on a Collaboration with an Emerging Technology Company
Advising a pharmaceutical company on a collaboration with an emerging technology company for the development, licensing and commercialization of a connected drug delivery device.
Advising Client Efforts in Analysis of Patient Information
Advising clients in the life sciences, healthcare and technology sectors on collaborations with hospitals and hospital systems in respect of the analysis of patient information, including: advising on laws and regulations governing the collection and use of patient information; structuring, negotiating and drafting collaboration agreements between life sciences and technology companies; advising on data-driven revenue models; drafting and negotiating data processing agreements under GDPR and business associate agreements under HIPAA; advising on the regulation of the provision of healthcare services.
October 23, 2019, Inside Tech Media
On 16 October 2019, the Law Commission of England and Wales – jointly with the Scottish Law Commission – launched a second public consultation on the regulatory framework for Highly Automated Road Passenger Services, or “HARPS”. “HARPS” is a new term that the Law Commissions have coined for highly automated vehicles that provide road journeys...… Continue ...
October 22, 2019, Inside Tech Media
Federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the third quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our third AI &...… Continue ...
October 21, 2019, Covington Alert
Federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our third AI & IoT Quarterly ...
October 9, 2019, Global Policy Watch
On September 26, 2019, the FDA issued two revised guidance documents addressing its evolving approach to the regulation of digital health technologies. These guidances primarily describe when digital health solutions will or will not be actively regulated by FDA as a medical device. In parallel, FDA also updated four previously final guidance documents to ...
October 2, 2019, Inside Tech Media
Earlier this month, Covington’s Brussels, Frankfurt and London offices hosted a webinar on EU regulatory developments impacting connected and automated vehicles (CAVs). The seminar attracted participants from across the globe, predominantly from tech and automotive industries. This post features an overview of the sections on CO2 pooling, transmission standards: ...
October 2, 2019, Inside Tech Media
Earlier this month, Covington’s Brussels, Frankfurt and London offices hosted a webinar on EU regulatory developments impacting connected and automated vehicles (CAVs). The seminar attracted participants from across the globe, predominantly from tech and automotive industries. This post features an overview of the introduction, and sections on data access and ...
September 30, 2019, Inside Tech Media
On 19 September 2019, the European Parliamentary Research Service (“EPRS”)—the European Parliament’s in-house research service—released a briefing paper that summarizes the current status of the EU’s approach to developing a regulatory framework for ethical AI. Although not a policymaking body, the EPRS can provide useful insights into the direction of EU ...
September 30, 2019, Inside Privacy
On 19 September 2019, the European Parliamentary Research Service (“EPRS”)—the European Parliament’s in-house research service—released a briefing paper that summarizes the current status of the EU’s approach to developing a regulatory framework for ethical AI. Although not a policymaking body, the EPRS can provide useful insights into the direction of EU ...
September 23, 2019, Bloomberg Law
Lee Tiedrich recently participated in the “AI and the Rule of Law Roundtable” in Athens and spoke with Bloomberg Law about with the event, which was , focused on ensuring that AI tech works as intended—and that those who implement and operate such systems are competent to do so. Ms. Tiedrich says, “Although the Roundtable participants came from different ...
AI Update: USPTO Publishes Request for Comments on Patenting Artificial Intelligence Inventions
September 10, 2019, Inside Tech Media
On August 27, 2019, the U.S. Patent and Trademark Office (“USPTO”) published a Request for Comments on Patenting Artificial Intelligence Inventions in the Federal Register. The Request follows Director Iancu’s statement that America’s national security and economic prosperity depend on the United States’ ability to maintain a leadership role in Artificial ...
September-October 2019, The Journal of Robotics, Artificial Intelligence & Law
August 14, 2019, Inside Privacy
On August 9, 2019, the U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) submitted its plan for federal engagement in the development of artificial intelligence standards. The plan was developed in response to the Executive Order signed by President Trump earlier this year, which required NIST to “issue a plan for Federal...… ...
August 14, 2019, Inside Tech Media
On August 9, 2019, the U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) submitted its plan for federal engagement in the development of artificial intelligence standards. The plan was developed in response to the Executive Order signed by President Trump earlier this year, which required NIST to “issue a plan for Federal...… ...
August 6, 2019, Inside Tech Media
On July 25, 2019, the UK’s Information Commissioner’s Office (“ICO”) published a blog on the trade-offs between different data protection principles when using Artificial Intelligence (“AI”). The ICO recognizes that AI systems must comply with several data protection principles and requirements, which at times may pull organizations in different directions. ...
August 6, 2019, Inside Privacy
On July 25, 2019, the UK’s Information Commissioner’s Office (“ICO”) published a blog on the trade-offs between different data protection principles when using Artificial Intelligence (“AI”). The ICO recognizes that AI systems must comply with several data protection principles and requirements, which at times may pull organizations in different directions. ...
July 18, 2019, Inside Tech Media
Federal and state policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing both substantive measures that would regulate the use of the technology and by supporting funding bills aimed at increasing investment. In our second AI & IoT Quarterly Legislative ...
July 17, 2019, Global Policy Watch
Earlier this year, the White House issued an Executive Order on AI mandating that the National Institute of Standards and Technology develop a guide to federal engagement on AI technical standards. While the federal government’s actions have understandably garnered significant attention, state and local governments are also undertaking preliminary efforts to ...
July 17, 2019, Covington Alert
Federal and state policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing both substantive measures that would regulate the use of the technology and by supporting funding bills aimed at increasing investment. In our second AI & IoT Quarterly Legislative Update, ...
July 16, 2019, Inside Tech Media
As the policy debate concerning government oversight of artificial intelligence evolves, public procurement regulations have become a potential entry point for regulating artificial intelligence. Earlier this year, the White House issued an Executive Order on AI mandating that the National Institute of Standards and Technology develop a guide to federal ...
Wanted: Lawyers Who Understand AI
July 9, 2019, Wall Street Journal
Lindsey Tonsager is quoted in the Wall Street Journal regarding the initiative to increase artificial intelligence legal practices. Ms. Tonsager says data is the fuel that drives artificial intelligence, but it can come with legal restrictions. Companies acquiring datasets need to be sure their contracts give them the right to use the data to train algorithms. ...
July 2, 2019, Inside Privacy
On June 26, 2019, the EU High-Level Expert Group on Artificial Intelligence (AI HLEG) announced two important developments: (1) the launch of the pilot phase of the assessment list in its Ethics Guidelines for Trustworthy AI (the “Ethics Guidelines”); and (2) the publication of its Policy and Investment Recommendations for Trustworthy AI (the “Recommendations”). ...
June 27, 2019, Inside Privacy
On June 25, 2019, as part of their continuing work on the AI Auditing Framework, the UK Information Commissioner’s Office (ICO) published a blog setting out their views on human bias and discrimination in AI systems. The ICO has also called for input on specific questions relating to human bias and discrimination, set out below....… Continue Reading
June 27, 2019, Inside Privacy
On June 10, 2019, the UK Government’s Digital Service and the Office for Artificial Intelligence released guidance on using artificial intelligence in the public sector (the “Guidance”). The Guidance aims to provide practical guidance for public sector organizations when they implement artificial intelligence (AI) solutions. The Guidance will be of interest to ...
June 27, 2019
SAN FRANCISCO—The Daily Journal has named Lindsey Tonsager to its 2019 “Top Artificial Intelligence Lawyers,” recognizing the top artificial intelligence lawyers in California. Ms. Tonsager co-chairs the firm’s Artificial Intelligence Initiative, which is a cross-functional practice advising companies developing or utilizing AI technologies. She is advising ...
June 14, 2019, Inside Privacy
As policymakers weigh the implications of artificial intelligence (“AI”) and the Internet of Things (“IoT”), members of Congress have introduced a handful of measures focusing on Government support for and adoption of these emerging technologies. In May, Senators Deb Fischer (R-NE), Brian Schatz (D-HI), Cory Gardner (R-CO), and Cory Booker (D-NJ) reintroduced ...
June 7, 2019, Inside Privacy
On June 3, 2019, the UK Information Commissioner’s Office (“ICO”), released an Interim Report on a collaboration project with The Alan Turing Institute (“Institute”) called “Project ExplAIn.” The purpose of this project, according to the ICO, is to develop “practical guidance” for organizations on complying with UK data protection law when using artificial ...
April 30, 2019, Covington Alert
Federal and state policymakers introduced a range of new measures on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the first quarter of 2019. In our initial AI & IoT Quarterly Legislative Update, we detail the notable legislative events from this quarter on AI, IoT, cybersecurity as it relates to AI and IoT, and connected and autonomous ...
Connected and Automated Vehicles Webinar Series: Levering Data in a Connected World
April 18, 2019
This webinar covered such topics as: Securing rights to use data created by connected and automated vehicles (CAVs); Key elements of a data strategy for connected and autonomous vehicles; the data risks involved with CAVs including privacy, cybersecurity, and law enforcement; and best practices in negotiating commercial agreements involving data.
April 9, 2019, Inside Privacy
On April 8, 2019, the EU High-Level Expert Group on Artificial Intelligence (the “AI HLEG”) published its “Ethics Guidelines for Trustworthy AI” (the “guidance”). This follows a stakeholder consultation on its draft guidelines published in December 2018 (the “draft guidance”) (see our previous blog post for more information on the draft guidance). The guidance ...
Chancery Tosses Derivative Suit Over Uber-Ottomotto Deal
April 1, 2019, Law360
We secured an important win for Uber in a case involving an investor’s derivative lawsuit.
March 26, 2019, Legaltech News
Sarah Wilson spoke with Legaltech News about the legal liability of autonomous cars. Ms. Wilson says, “It’ll be a more complicated liability analysis when a car is fully autonomous and there is an accident, because you’ll have to figure out who is all at fault, or which system is at fault [or] if it’s [the] hardware or software.”
March 20, 2019, Global Policy Watch
Artificial intelligence is your new insurance claims agent. For years, insurance companies have used “InsurTech” AI to underwrite risk. But until recently, the use of AI in claims handling was only theoretical. No longer. The advent of AI claims handling creates new risks for policyholders, but it also creates new opportunities for resourceful policyholders to ...
Connected and Automated Vehicles Webinar Series: What's Going on with U.S. Law and Regulations?
February 27, 2019
The webinar covered such topics as federal regulations affecting connected and automated vehicles (CAVs), with a focus on NHTSA, the FAA, the FCC, and CFIUS review; where Congress stands on CAV legislation, including the AV START Act, the SELF-DRIVE Act, and infrastructure legislation; state-level legislative, regulatory, and policy developments, with a closer ...
February 22, 2019, Global Policy Watch
Last week, the Commerce Department officially named the 25 individuals appointed to the American Workforce Policy Advisory Board. This announcement is the latest in a series of steps that the Trump Administration has taken to implement its workforce policy agenda. With the Advisory Board set to begin work, it is a good time to assess...… Continue Reading
February 14, 2019, Inside Privacy
(This article was originally published in Global Policy Watch.) On February 12, 2019 the Department of Defense released a summary and supplementary fact sheet of its artificial intelligence strategy (“AI Strategy”). The AI Strategy has been a couple of years in the making as the Trump administration has scrutinized the relative investments and advancements ...
February 14, 2019, Global Policy Watch
On February 12, 2019 the Department of Defense released a summary and supplementary fact sheet of its artificial intelligence strategy (“AI Strategy”). The AI Strategy has been a couple of years in the making as the Trump administration has scrutinized the relative investments and advancements in artificial intelligence by the United States, its allies and...… ...
February 6, 2019, Cov Africa
Africa’s Growth Prospects. Africa’s gross domestic product (GDP) is expected to grow at 3.8 percent in 2019, which is a significant improvement over last year’s regional growth rate of 2.6 percent. Excluding the continent’s largest economies (Angola, Nigeria and South Africa), which are growing collectively at an average of 2.5 percent, the aggregate growth ...
February 6, 2019
NEW YORK—Covington has advised Sensyne Health, the British clinical AI technology company, on its agreement with Jefferson Health to evaluate the clinical and commercial potential of its GDm-Health™ system in the United States. GDm-Health is a direct patient-to-clinician blood glucose monitoring management system specifically designed for the management of ...
January-February 2019, The Journal of Robotics, Artificial Intelligence & Law
November 15, 2018
PALO ALTO—Covington advised Standard Cognition, which provides artificial intelligence-powered autonomous checkout solutions for brick and mortar retailers, in raising a $40 million round of Series A Preferred Stock investment. Available to any retailer, the Standard Cognition solution allows consumers to shop and pay without waiting in line, scanning, or ...
November 5, 2018, Legaltech News
Lee Tiedrich spoke with Legaltech News regarding a recent survey on the legal and regulatory risks of artificial intelligence. Ms. Tiedrich suggested clients take a global perspective when assessing what laws are relevant to a particular AI program. She notes that artificial intelligence is not limited to a single jurisdiction, and clients should seek advice on ...
August 30, 2018, Global Policy Watch
On Friday August 24, the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a proposed rule in the Federal Register: The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (“Proposed Rule”). 83 Fed. Reg. 42817. The long-anticipated rulemaking ...
August 17, 2018
LONDON—Covington has advised Sensyne Health on medical device regulatory and data protection matters in connection with its £60 million IPO on London’s AIM market. The firm also represented Sensyne Health in negotiating strategic research and data processing agreements with the Chelsea and Westminster Hospital NHS Foundation Trust, the Oxford University ...
August 13, 2018, Global Policy Watch
On July 20, 2018, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) published comments it received from a wide array of tech and telecom companies, trade groups, civil society, academia, and others regarding its “international Internet policy priorities for 2018 and beyond.” NTIA’s Office of International ...
July 16, 2018, Global Policy Watch
China has set out on an ambitious agenda of aiming to become the world leader in artificial intelligence by 2030. Policy experiments for a critical part of China’s AI development strategy, and to that end multiple government think tanks have set out formulating standards that may impact AI innovation in China. The China Electronics Standardization...… Continue ...
July 11, 2018, Global Policy Watch
Timothy M. Persons, GAO Chief Scientist Applied Research and Methods, recently provided testimony on artificial intelligence (“AI”) before the House of Representatives’ Subcommittees on Research and Technology and Energy, Committee on Science, Space, and Technology. Specifically, his testimony summarized a prior GAO technological assessment on AI from March ...
GC Cheat Sheet: The Hottest Corporate News Of The Week
July 6, 2018, Law360
Lee Tiedrich's comments from the U.S.-China AI Tech Summit are highlighted in this Law360 article providing a roundup of the top corporate news stories from the past week. According to Tiedrich, there’s a recognition that the new technology brings new legal challenges.
July 2, 2018, Law360
Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit to discuss "AI in the Law" and is quoted in a Law360 article. According to Tiedrich, there is a recognition that the new technology brings new legal challenges. “One issue that’s been getting a lot of attention in the United States is whether and to what extent AI applications need to provide ...
July 2, 2018, The Recorder
Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit and is quoted by The Recorder in an article examining the pros and cons of introducing AI into the judicial process. According to Tiedrich, AI in the justice system also implicates questions of transparency and intellectual property. In cases where it’s alleged that AI perpetuates hiring discrimination ...
April 12, 2018, The Recorder
The Recorder highlights the arrival of Suzanne Bell to Covington's Technology Transactions practice. Bell says she was attracted to the firm's strong regulatory practice given the increased intersection between the technology sector and government regulations. Bell adds that she is looking forward to using her experience in technology transactions to assist ...
The Technology Bank
March 26, 2018, Cov Africa
Artificial intelligence and big data are some of the new technologies dominating discourse in 2018. These technologies are expected to change the way that we travel, learn, and transact. However, this forecast is less clear for the least developed countries (LDCs). According to a United Nations study, science and technology and resource and development ...
GDPR drives global privacy compliance now, but still unclear whether it will become de facto global standard, experts say
March 23, 2018, MLex
Lindsey Tonsager recently spoke at the BCLT Privacy Law Forum in Silicon Valley is quoted in an mLex article discussing whether GDPR will automatically become a global privacy standard. Tonsager said that working with companies that depend on AI technology to become compliant with the GDPR “is incredibly, incredibly challenging." Commenting on modifications to ...
February 13, 2018, Global Policy Watch
This post was originally published on the Covington InsideTechMedia blog on February 12, 2018. At the start of 2018, we find ourselves in the midst of an autonomous vehicles revolution. In the private sector, leading, and some nascent, autonomous mobility innovators have forged ahead with a surge of investment. Last year, The Brookings Institution found...… ...
What Is a Robot (Under EU Law)?
January 2018, The Journal of Robotics, Artificial Intelligence & Law
Privacy, Cybersecurity, and Policy: Issues associated with collecting vast amounts of data and developing AI platforms
November 28, 2017, IoT Data & AI Summit
November 10, 2017
BRUSSELS—Politico has named Covington partner Miranda Cole to its “2017 Women Who Shape Brussels” list, a group of “20 powerhouses driving debates and influencing policy in 2017.” In its profile of Ms. Cole, the publication highlights her defense of leading technology clients, including Microsoft, Facebook, and Verizon, before the European Commission. Politico ...
November-December 2019, Journal of Robotics, Artificial Intelligence & Law