Artificial Intelligence

Exponential advances in the development of artificial intelligence mean that both the opportunities and risks arising from its use and deployment are increasing at scale.

As AI-specific regulation sweeps the globe, companies are grappling with how to innovate responsibly while managing their risk in a way that is fit for purpose.

How we can help

Our multi-disciplinary team of experts has a proven track record advising companies on AI governance, risk management, compliance, commercialisation and disputes. Our approach is a holistic one—from emerging and established tech companies looking to commercialise AI tools, to large corporates that are creating, buying or using AI.

Our people are also heavily involved in AI thought leadership and discussions on regulatory reform.

We support organisations to:

  • create the right AI and data governance frameworks and conduct compliance assessments
  • procure and commercialise AI tools
  • navigate AI investment and financing transactions
  • respond to regulatory investigations, disputes, claims and complaints
  • ensure AI incident response readiness.
AI governance and risk management
  • AI governance – the design and rollout of AI governance and risk management frameworks, policies and other related documentation, and uplifts.
  • Risk assessments – conducting AI risk and compliance assessments.
  • Data governance – data governance and privacy issues across the lifecycle of AI systems.
  • ESG – the interaction of AI with (and the impact of its adoption on) ESG agendas.
  • Insurance – insurance policy placement and the scope of key coverage clauses and exclusions.
  • Training – for boards, senior executives, incident response teams and internal business users.
AI procurement, licensing and commercialisation
  • AI procurement lifecycle – all stages of development, commercialisation and licensing of AI models and outputs, from the design of procurement processes, to contract negotiation, ongoing vendor management and disengagement.
  • Collaboration structures – collaboration and partnership structures for the development and use of AI technology and/or AI-generated outputs.
  • Supply chain risk management – uplifting supplier management frameworks (and related documentation) to address AI risks.
  • IP protection – strategies to protect the value of AI models, inputs and AI-generated outputs.
  • Open source licensing – navigating open source licensing models relevant to procuring and releasing AI code.
  • Customer-facing terms (eg terms of service, privacy policies and collection notices) updating documentation to reflect how data is collected and used to train, evaluate and operate AI models, and use/licensing of customer content.
AI investment and financing
  • Seeking out and developing relationships – by leveraging Allens Accelerate, seeking out and developing relationships with burgeoning tech companies operating in the AI space.
  • Capital raisings and M&A opportunities – corporate transactions (both investor and sell-side) in the AI sector.
  • Due diligence – managing due diligence processes to identify, respond to and mitigate AI-related risks.
AI incident readiness and response
  • AI incident readiness and resilience – preparing and uplifting incident response plans and playbooks to address AI incidents (including those involving misinformation and impersonation threats), and facilitating tabletop exercises.
  • Notifications – breach notification strategies, including preparing and coordinating communications to regulators, affected individuals, the market and other stakeholders.
  • PIRs – conducting post-incident reviews.
  • Related risks – managing potential regulatory and other contagion exposures.
  • Cyber incident response and PI and sensitivity assessments – identification of PI and commercially sensitive information, including to support regulatory and contractual notification requirements.
Disputes and class actions
  • Disputes – disputes and claims arising from the use and operation of AI systems (eg defamation claims from content produced by an AI system, privacy violations and product liability claims).
  • IP rights – enforcement of intellectual property rights, defending infringement claims and challenging the validity of IP.
  • Defence strategy – developing defence strategies canvassing legal and factual matters, and designing innovative options for commercial resolution.
Legal innovation offerings

Our award-winning Innovation & Digital Solutions team has a rich history of using AI, both to improve our own business processes and to support  our clients.  As early adopters, we have a first-hand understanding of the opportunities, risks, limitations and capabilities of AI.

Our team can assist with:

  • Enhancing in-house legal operations – driving efficiency and supporting the optimisation of service delivery for in-house legal teams through the use of AI and other technologies (eg Microsoft 365).
  • Generative AI work programs – advising on the design and rollout of generative AI work programs, preparing key policies and other related documentation.  
  • AI-enabled services & products – developing and deploying AI-enabled legal products and services for our clients to use within their organisation and in collaboration with us.
  • Leveraging AI on-matter to drive efficiency and reduce costs – leveraging AI to efficiently conduct discovery, respond to document production requests from regulators and aid in contract review and due diligence. Our team of multi-disciplinary experts incorporates leading technologies on matter; to surface insights, increase efficiency and reduce costs in line with established best practice.

Experience

AI governance frameworks

Advising various insurers and other financial institutions on the design and rollout of their AI governance frameworks.

Bespoke procurement and development of AI tools

Advising various companies on the bespoke procurement and development of AI tools (including chatbots, AI-based perception software and various other tools).

Acting on Thaler v Commissioner of Patents

Acting successfully in Thaler v Commissioner of Patents, the first case in the world to rule that artificial intelligence systems can be named as inventors of a patent.

Strategic partnerships

Advising a major infrastructure company on its cross-border strategic partnership with an AI-powered autonomous driving software company.  

Deepfakes and AI avatar

Advising a global social media company on liability issues in connection with AI avatar and deepfake applications.

Tech M&A

Advised Canva on its acquisition of Leonardo.AI, one of Australia's most successful emerging generative AI content platform providers.

Document review and management system

Advising a major financial institution on its development of a document review and management system that reduces data footprint security risk, addresses secrecy obligations and catalogues key decisions for future use by its internal legal team.

Joint venture arrangements

Advising on an AI and data joint venture between a large data science and AI company, and a telco to provide end-to-end data analytics and AI services.

Patent applications

Advising technology companies on tech applications relating to AI.