Artificial Intelligence and Emerging Technologies
Related Areas
For decades, HWG lawyers have helped shape laws and regulations that govern emerging technologies and counseled clients on the practical impact of new regulatory structures and governing norms. Our work at the forefront of technology law continues as we advise clients on a range of legal issues involving artificial intelligence (AI).
With a deep understanding of our clients’ cutting-edge work, we educate policymakers on emerging technologies and business models, advocate for technologically literate regulation, and explain potential unintended consequences. And as AI transforms industries, we assist clients in ensuring compliance with privacy laws, implementing data protection safeguards, and mitigating security risks associated with AI-driven technologies.
For clients with cross-border operations or investments involving AI, we represent them to negotiate and structure investment and commercial transactions and to obtain Committee on Foreign Investment in the United States (CFIUS) and other national security clearances and export control authorizations. Additionally, our team advises on AI-related corporate and transactional issues, as well as legal ethical issues in AI, helping clients align their AI initiatives with legal standards and professional responsibilities. By providing comprehensive support across these critical areas, we enable clients to leverage AI confidently and responsibly, while staying ahead of regulatory and ethical developments.
Representative Matters
Representative ongoing work that we handle for clients involving AI include:
Privacy & Data Security
- Advise on the implications of recommendations from the National Telecommunications and Information Technology Administration (NTIA)’s AI Accountability policy report, including how to update privacy policies to reflect clients’ use of AI.
- Counsel clients on compliance with the governing norms for training Large Language Models (LLMs).Advise on government and commercial expectations for treatment of AI in data sets within data processing agreements
Federal Government Agencies
- Advise and advocate on behalf of clients in government agency proceedings on the impact of AI and potential regulations governing AI, including at the Departments of Commerce and Energy, the Federal Communications Commission, the Federal Trade Commission, and NTIA.
- Advise a major digital infrastructure provider on the Departments of Commerce and Energy joint inquiry into the impact of AI on data center energy consumption.
- Advise marketing companies and service providers on the Federal Communications Commission inquiry into the impact of AI on robocalls and robotexts.
CFIUS & National Security Reviews of Investments and Transactions
- Represent clients in reviews of foreign investment in U.S. AI technology and U.S. outbound investment in AI technology.
- Advise on implications for AI of developing U.S. Department of Justice regulation for bulk data security pursuant to Executive Order 14117.
- Represent clients in AI issues arising in reviews by Committee for the Assessment of Foreign Participation in the United States
- Telecommunications Services Sector (Team Telecom).
Export Controls
- Advise on new export licensing requirements resulting from the Commerce Department’s Bureau of Industry and Security identifying AI as a critical emerging technology with heightened licensing conditions and on proposed rules on LLM services, including Know Your Customer requirements, and restrictions on non-predetermined software.
Legislation
- Advise on the large and growing amount of legislation on AI such as funding of the National Institute of Standards and Technology (NIST) AI Safety Institute to prohibitions on the use of unauthorized Generative AI content in political advertisements.
Transactions
- Advise on transactions relating to AI systems and associated infrastructure to mitigate risks arising from the shifting landscape of AI regulation. This includes identifying regulatory risks that arise under the rules that exist today as well as assessing the impact of rules that might apply in the future.
Legal Ethics
- Advise on ethical issues related to the use of AI technology in legal practice, including technology assisted review.