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Artificial Intelligence

Latham’s multidisciplinary Artificial Intelligence (AI) team advises the world’s emerging and established AI pioneers, creators of foundational technology, as well as companies in industries undergoing AI-powered transformations and others using that technology to grow their businesses. Our practice covers a wide range of industries and applications including advertising, healthcare, software, financial services, digital and brick-and-mortar commerce, life sciences, and more. We also help clients implement governance structure for AI, understand and mitigate AI-related risks, and prepare for and respond to AI regulation being developed across the globe, allowing our clients to focus on executing on their strategy.

We bring a 360-degree approach to AI matters, drawing on Latham’s world-class litigation, regulatory, counseling, and transactional capabilities.  We address our clients’ AI needs by seamlessly combining our capabilities across disciplines, including intellectual property, privacy, consumer protection, data ethics, complex commercial contracts, antitrust, insurance, and security.

Litigation & Regulatory Defense

Our experience defending AI-related copyright, name and likeness, data privacy, antitrust and complex commercial cases in court and before regulators worldwide stretches back to the earliest chapters of AI history. It continues today — we are thought leaders in the generative AI space and are on the front lines defending the technology’s use while shaping the rules that will govern that space for years to come. We also have a broad range of experience handling complex claims arising out of interoperability, algorithmic design, and alleged coordinated conduct.

Strategic Counseling

We work at the cutting edge of AI, guiding innovators and early adopters on the full spectrum of issues the technology presents — from the rights needed to collect data that trains algorithms, to the liability risks associated with AI outputs. We leverage this experience to help bring new AI technologies and implementations to market, and advise companies seeking to license, commercialize, and use AI tools across a variety of industries and jurisdictions. We work with AI developers and adopters to integrate holistic intellectual property, privacy, antitrust, consumer protection, security, and integrity standards into their AI-powered products, whether under the patchwork of US federal and state privacy and security laws, the European and UK General Data Protection Regulations and developing AI regulation, the global competition and consumer protection regulatory landscape, intellectual property laws, or similar regimes around the globe. Our pragmatic, risk-based advice takes into account global requirements to develop streamlined operational models that businesses can implement with the goal of staving off disruptive disputes, managing investigation risk, and avoiding unnecessary obstacles to organic and strategic growth.

Transactions

We advise clients on the full spectrum of AI technology and corporate transactions, from licensing, integration, and data sharing agreements to strategic alliances, joint ventures, M&A, and capital markets offerings. We leverage experience working across a broad variety of business-to-business and business-to-consumer AI applications to provide practical, commercially grounded counsel on business-critical corporate matters. 

Latham also embraces AI in the legal industry. We routinely invest in legal tech startups and leverage machine learning to deliver ever more efficient and high-quality legal services to our clients.

Justice
February 16, 2024 Recognition

Litigator of the Week Runners-Up and Shout Outs — Telefónica and OpenAI

Two Latham teams were recognized for getting a summary judgment win for multinational telecom company Telefónica in a busted deal suit involving the client’s operations in Costa Rica, and for securing an important early win for OpenAI in a proposed copyright class action brought by Sarah Silverman and other authors.

February 2, 2024 Recognition

Cybersecurity & Privacy Group of the Year: Latham & Watkins

Latham & Watkins LLP steered a range of clients through cutting-edge data privacy disputes, including securing the dismissal of claims that Otonomo Inc. surreptitiously tracked drivers' locations and helping Apple Inc. escape a consumer class action over security vulnerabilities in its devices, earning the firm a place among Law360's 2023 Cybersecurity & Privacy Groups of the Year.