Madelaine Harrington is an associate in the technology and media group. Her practice covers a wide range of regulatory and policy matters at the cross-section of artificial intelligence, content moderation, privacy, and free expression. She routinely advises on complex AI regulatory matters, including AI product counseling, counseling on the obligations of GPAI model providers and providers of high-risk AI systems, value chain compliance, and AI regulatory issues arising in a variety of sector-specific contexts such as medical devices, biometrics, and employment.
Madelaine has substantial experience guiding clients through content, AI, and privacy-related regulatory investigations, and through the Member State litigation that often follows regulatory action. She has deep experience with regulatory investigations, and has counseled multi-national companies on complex cross-jurisdictional fact-gathering exercises and responses to alleged non-compliance. She routinely counsels clients on compliance within the EU regulatory framework, including the EU AI Act, Digital Services Act (DSA), Online Safety Act (OSA), General Data Protection Regulation (GDPR), and other EU laws and legislative proposals.
Madelaine's representative matters include:
- advising major technology companies and frontier model providers on obligations under the EU AI Act, including high-risk system classification, GPAI provider requirements, and value chain obligations,
- counseling companies on the privacy implications of the EU AI Act,
- providing product safety and online safety counseling for major social media and gaming companies, including on minor safety issues,
- advising on regulatory investigations into platform safety issues and AI, including on harmful content and product safety issues, as well as platform notice-and-action mechanisms,
- counseling on gaps and differences between the EU AI Act and US AI legislation,
- coordinating responses to investigations into the handling of personal information under the GDPR,
- representing a major online marketplace in cross-border advertising-related litigation in a Member State court, including preparing preliminary referral questions for the Court of Justice of the European Union,
- counseling major technology companies on the use of artificial intelligence, specifically facial recognition technology in public spaces,
- supporting technology transactions with regulatory and compliance advice on a variety of commercial agreements,
- advising a major technology company on the legality of hacking defense tactics, and
- advising a content company on compliance obligations under the DSA, including rules regarding recommender systems.
Madelaine’s work has previously involved representing U.S.-based clients on a wide range of First Amendment issues, including defamation lawsuits, access to courts, and FOIA. She maintains an active pro-bono practice representing journalists with various news-gathering needs, including advising on press access to conflict zones. Madelaine has contributed to numerous reports on the application of international human rights law to prosecutions of journalists and activists. She is also working on a team building out a project on the use of AI in public court systems.
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