Artificial Intelligence

Our experience defending AI-related copyright cases in court and before regulators worldwide stretches back to the earliest chapters of AI history. We defend market-leading AI companies, as well as those using generative AI products, in copyright litigation throughout the US. We also counsel many of the world’s most sophisticated technology firms on the development and integration of AI products and guide related advocacy efforts before the US Copyright Office, Congress and similar bodies around the world.

We bring unparalleled experience helping AI pioneers, and those leveraging AI tools, to manage and meet global regulators’ proliferating privacy and consumer protection concerns and requirements. Our wide-ranging experience on the front-lines of litigation, enforcement, and compliance enables us to provide targeted advice, helping these diverse companies understand and prioritize emerging legal requirements to reliably minimize risk.

We negotiate key agreements regarding the development and deployment of AI models, structure collaborations and joint ventures for the launch of AI products, and advise on major M&A and growth financing transactions involving AI-driven companies. Latham also advises on all sides of increasingly important compute power deals, including compute power providers, users, and investors. We draw on this experience to help clients navigate the complexities of any strategic partnership, financing, or acquisition. 

We help AI developers and adopters, as well as compute power infrastructure owners, navigate the heightened scrutiny of competition regulators around the world who are focusing on AI and the myriad ways it will reshape the competitive landscape. Our team, featuring former officials from the European Commission, UK CMA, FTC, and DOJ, helps clients implement their product strategies, navigate disputes, manage investigation risks, and foster growth through strategic transactions and investments.

The environmental, social, and governance (ESG) implications of AI are closely scrutinized by regulators, shareholders, and various other company stakeholders. Our world-leading ESG team helps tech, private capital and all other companies carefully map and address their AI-related ESG risk profile and opportunities. We assist clients in navigating board oversight and disclosure risks and opportunities associated with AI, ensuring they meet and stay ahead of evolving governance standards, regulatory and market changes and expectations, and the demands of other stakeholders.

At a time when AI is redefining the very tenets of patent and trade secrets law, our IP and ITC practices help clients maneuver successfully through leading-edge AI disputes, if not avoid them altogether. Whether through strategic planning and licensing, advocacy before government entities, or global competitor-to-competitor litigation, we protect the AI-focused IP rights of innovative companies and the products essential to their operations.

We help AI and technology companies access long-term power resources and plan for increasing demand, even as key economies transition to more renewable energy sources. Our market-leading AI and energy and infrastructure teams work closely together to assist clients building and investing in data centers, chip factories, and other AI infrastructure. We also help power companies plan for and negotiate contract arrangements with data centers and other AI infrastructure, ensuring they meet the growing power load demands driven by AI advancements.

We help fintech clients, from startups to major financial institutions, harness the power of AI to supercharge innovation while avoiding the many risks embedded in global financial regulatory regimes.

We draw on deep experience in the intricately regulated healthcare and life sciences space to help companies integrate AI into labs, hospitals, health systems, and other research and patient care settings. We routinely advise on the FDA’s regulation of AI/ML as a medical device, and use of AI/ML in drug and device development, clinical trials, in manufacturing, or in generation of real-world evidence. We also advise on the data privacy and data rights implications of using health data to train AI/ML algorithms, and assist in developing coverage and reimbursement frameworks for AI/ML technologies.

We provide strategic counsel to the full spectrum of technology companies, both within the AI stack as well as those seeking to transform or level up their offerings through AI integration. Our comprehensive approach ensures that we can address the full range of legal issues tech companies face, from product counseling and risk assessments to regulatory compliance and high-stakes litigation.