Artificial Intelligence & Related Fields
Related ProfessionalsOverview
Named to the ’Best of the Best’ for Generative AI, a report based on interviews with more than 300 in-house legal leaders to identify the best firms when it comes to the use of generative AI. - BTI Consulting Group, 2024
Kirkland’s attorneys are operating at the cutting edge in applying evolving legal, policy and regulatory frameworks to the new challenges presented by artificial intelligence (AI). Our multidisciplinary teams are the ones that AI companies, AI investors, AI users and content creators turn to, to help them assess the opportunities and challenges posed by advances in machine learning (including deep learning), natural language processing, large language models (LLMs), diffusion and emergent AI models. We are skilled at developing legal strategies that enable clients to leverage AI while mitigating novel AI-related risks.
We have long represented clients in industries in which AI is driving innovation and change, including software, healthcare, life sciences, medical devices, consumer products, media, automotive and transportation, and aerospace and defense. We are also experienced in matters involving automated decision making, autonomous vehicles, voice assistants, robots and conversational AI, among others.
We regularly counsel executives, technology teams and boards on the legal framework for their adoption of AI, including drafting bespoke AI policies and procedures for a wide range of AI applications. We understand the scientific and technical nuances of AI as it evolves, including the mathematical, software and data aspects underlying advances in AI. We are also focused on the developing global regulatory environment for AI particularly in key jurisdictions and with respect to specific subject matter areas such as export control, securities law, unfair competition laws, data privacy and intellectual property.
We frequently advise clients on:
- AI development, use and licensing, including benefits and risks, policies and procedures and contractual terms
- M&A transactions involving AI business models, value propositions and use cases, at all levels of the AI value chain
- AI-related transactions, including development agreements, strategic engagements and vendor contracts
- AI-related litigation matters, including intellectual property ownership, protectability and patentability, infringement and misappropriation issues, and unfair competition concerns
- AI use by asset managers for market and investor relations, and in connection with predictive data and other AI regulations
- AI cybersecurity issues and incident response and data privacy and security
- U.S. and international AI laws and regulations, including export control
- AI-related ESG issues, including considerations for “Responsible AI” use
- Use of AI in medical and healthcare decisions
Legal, technical and business concerns related to the use of AI intersect with numerous practice areas, all of which our attorneys are well equipped to handle. Specific examples of our experience are set out below.
Experience
Transactions
- Eli Lilly in its agreement with OpenAI to harness generative AI to develop new treatments to overcome antimicrobial resistance
- Palo Alto Networks (NASDAQ: PANW) on a broad-reaching partnership with IBM (NYSE: IBM) that will deliver AI-powered security outcomes to customers
- Nubank (NYSE: NU), a digital banking platform, in its pending acquisition of Hyperplane, a data intelligence platform
- H.I.G. Capital-backed Lionbridge AI, a global provider of crowd-based training data and annotation platform solutions used in the development of AI algorithms to power machine learning, in its $935 million sale to TELUS International, a subsidiary of TELUS Corp.
- Funds advised by leading global alternative investment firm Centerbridge Partners, L.P. in the acquisition of a $400 million consumer loan portfolio from Upstart (NASDAQ: UPST), an AI lending marketplace
- CoreWeave, the AI hyperscaler, on a definitive agreement for an up to $7.5 billion debt financing facility led by funds managed by Blackstone, with strategic participation from Magnetar (co-lead investor) and Coatue
- Engageware, a cloud-based customer engagement software provider, on the acquisition of Aivo, a generative AI company
- Sumeru Equity Partners on its $109 million growth equity investment in Aerospike, Inc. to accelerate innovation and go-to-market capabilities for Aerospike’s core transaction, analytics and artificial intelligence (AI) solutions
- LogRhythm, the company helping security teams stop breaches by turning disconnected data and signals into trustworthy insights, on its merger agreement with Exabeam, a global cybersecurity leader that delivers AI-driven security operations
Litigation
- Representing Thomson Reuters and West Publishing in a copyright and tortious interference lawsuit concerning copying of Westlaw’s content to train its artificial intelligence and create a competing product
- Represented online training company in one of the Federal Trade Commission’s first enforcement actions involving AI
- Won a $30 million trade secret and unfair competition jury verdict for AI customer engagement company LivePerson in a lawsuit concerning 24[7]’s misappropriation of LivePerson’s chat engagement rule and data trade secrets related to its online chat predictive technology
- Brought a copyright lawsuit on behalf of seven members of the Association of American Publishers seeking to enjoin a service that provided consumers the entire, machine-generated text of audiobooks. The parties resolved the litigation with a permanent injunction being issued and Audible agreeing that it will obtain permission from AAP’s members before moving forward with the service for their works
- Representing a social media company in a copyright infringement and trade secret misappropriation lawsuit brought on the basis of alleged use of the plaintiff's scene recognition dataset for the purpose of machine learning. The case is one of the very first copyright lawsuits applying traditional principles of copyrightability to machine learning algorithms. Kirkland moved to dismiss the complaint, arguing that the plaintiff failed to state either claim given that it failed to allege a valid registration over original subject matter or that its information was nonpublic such that it could constitute a trade secret. In 2019, the motion to dismiss was granted with leave to amend the complaint
- Defended a private research university in a putative class action alleging patient privacy violations that stemmed from the sharing of certain patient data with a third party as part of a researching partnership aiming to use machine learning to analyze medical records and improve predictive analysis of hospitalizations and patient care. Kirkland won full dismissal. Unanimously affirmed on appeal
- Representing PowerSchool Holdings and its subsidiary, Hobsons, in a putative class action challenging the use of AI and analytical data products in the EdTech sector
- Represented Valeo and Connaught Electronics against Magna Electronics in their defense of a multipatent consolidated infringement action related to vehicle imaging systems that included lane-departure warnings, object detection and other driver-assistance and semi-autonomous vehicle systems
Advice & Counseling
- Advising a provider of online web accessibility products in connection with a confidential investigation by the FTC regarding its implementation and use of artificial intelligence technology, as well as policies and practices regarding data collection, data security, data privacy and the marketing of its products and services
- Developed human rights primer and training materials for portfolio companies of private equity firms including responsible AI-related considerations and guidance and incorporate responsible AI considerations into standard legal due diligence process
- Advised a leading developer of facial recognition software on the constitutional implications of its facial recognition technology for public-sector users