Artificial Intelligence

Our AI team includes multiple certified AI Governance Professionals (AIGP) and numerous attorneys well-versed in applying legal and regulatory requirements to AI and other new technologies across industries.

Empowering businesses in the age of AI

Artificial intelligence is transforming industries and reshaping how organizations operate. Alongside opportunity, AI introduces complex challenges around data privacy, intellectual property, cybersecurity, ethics, and regulation. Carlton Fields helps businesses adopt and govern AI responsibly. We provide end-to-end legal counsel on strategy, compliance, and risk management.

Our Approach

We partner with clients across the full AI life cycle: from procurement and implementation to governance, ongoing use, and maintenance, and dispute resolution. Our attorneys combine deep knowledge of technology, data, and relevant industries to deliver practical guidance that helps organizations anticipate and manage legal, regulatory, and operational risks.

Key Services

AI Strategy and Adoption

• Advising on procurement strategies, vendor selection, and contract negotiations.
• Drafting and negotiating AI-specific contract addenda to address compliance, disclosures, and risk allocation.
• Conducting due diligence and oversight for AI tools such as chatbots, decision-support systems, and productivity applications.

Governance, Compliance, and Data Management

• Developing AI governance frameworks, accountability structures, and internal AI playbooks.
• Drafting disclosures, policies, and procedures for AI use and data retention.
• Advising on data lineage and data lakes to ensure transparency, reliability, and defensibility of AI outputs.
• Drafting policies and procedures for processing consumer and patient privacy requests (access, correction, deletion, restriction of use/sharing).
• Advising on compliance with emerging laws and regulations in the U.S. and globally.
• Supporting privacy rights, ethical standards, and responsible data practices.

Risk and Incident Preparedness

• Conducting AI risk assessments and impact analyses.
• Developing incident response plans and leading tabletop exercises.
• Performing red teaming and vulnerability testing of AI systems.
• Advising on cybersecurity obligations, both preventative and in response to suspected or confirmed incidents.

Intellectual Property and Litigation

• Counseling on IP ownership and infringement issues regarding AI development and use.
• Managing prosecution, licensing, and protection of AI-related IP assets.
• Protecting trade secrets related to training data, methods, inputs, and outputs.
• Advising clients on AI-related advertising and marketing issues such as “AI washing,” ad disclosures, and claims substantiation.
• Representing clients in disputes involving AI, including copyright, trademark, patent, privacy, right of publicity, false advertising, and unfair trade practices.

Education and Training

• Providing AI training programs for leadership, compliance, and internal teams.
• Offering ongoing guidance to help clients adapt to regulatory and industry changes.

Who We Serve

We advise companies of all sizes and across industries — including financial services, insurance, life sciences, health care, technology, consumer products, and nonprofits — as they integrate AI and data-driven technologies into operations. Our guidance helps organizations leverage AI to improve efficiency, strengthen customer engagement, and minimize legal and operational risks.

As AI continues to evolve, businesses face new legal, operational, and ethical challenges. Carlton Fields helps organizations use AI responsibly, maintain compliance, and manage risks while advancing business objectives.

• Participating in an amicus brief in a landmark Third Circuit copyright appeal concerning the use of training data in the development of large language models.
• Advised businesses of varying sizes regarding procurement, use, and governance of artificial intelligence, including analyzing risks and risk mitigation measures, building out governance and compliance programs, drafting policies, and negotiating contracts.
• Drafted notices, consents, and associated policies and procedures for various AI use cases, such as meeting notetaking, locating/summarizing policy information, marketing content creation, and chatbots for customer service and other consumer engagement initiatives.
• Counseled businesses across industries regarding use of various technologies and methods for increasing digital engagement.
• Advised content owners regarding risks and strategy for licensing content as AI training data.
• Guided technology company strategies to mitigate IP infringement risks regarding AI software and hardware compatibility.
• Counseled clients across industries regarding ownership and IP protection for AI-generated content.
• Updated form agreements such as nondisclosure (NDA) and joint development agreements (JDA) to address AI issues.
• Advised clients regarding complex copyright infringement and fair use issues relating to generative AI.
• Counseled clients on AI-related advertising and marketing issues such as “AI washing,” ad disclosures, and claims substantiation.
• Led numerous in-person and webinar trainings sessions on AI legal and regulatory issues for legal and business teams.