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- Home
- Practices and Industries
- Technology
- Artificial Intelligence
Artificial intelligence (AI) is being adopted in a broad set of industries, and is starting to reshape some of them, generating new opportunities and challenges, and raising novel legal issues. With the rapid evolution of AI technology and with legislators, regulators and industry leaders considering the appropriate legal and regulatory frameworks for AI, companies are facing an uncertain business, legal, and policy landscape.
Covington is particularly well placed to help clients realize the benefits of AI while managing these business, legal, and policy risks.
We have guided companies through the full lifecycle of AI applications, from the earliest stages of financing and development through implementation and beyond. Our clients include developers of general AI platforms and technologies, as well as developers and users of a wide range of more specific AI applications, including autonomous vehicles, conversational assistants, security systems and malware detection, personalized advertising and product recommendations, money laundering avoidance, and digital health.
More generally, Covington has a unique mix of regulatory, transactional, and litigation expertise that allows us to address AI-related issues wherever they arise, including in antitrust and competition law, data privacy and cybersecurity, e-discovery, intellectual property, M&A, financial services, digital health, class-action litigation, insurance recovery, government procurement, and public policy and government affairs.
We have provided AI-related counseling and advice in a wide range of industries, including technology, financial services, energy, consumer brands and retail, travel and transportation, healthcare, and life sciences.
Significant Government and Cross-Practice Experience
Our team includes lawyers with significant government experience, including a former Deputy General Counsel of the U.S. Federal Trade Commission, former Assistant Attorneys General from the Department of Justice and a Judge from the U.S. Court of Claims. In addition, clients active in the AI space benefit from our close coordination of our wide ranging regulatory practices. Our Public Policy practice also can advise on achieving legislative and regulatory goals. Our corporate lawyers handle financing, M&A, ventures, and other commercial transactions. And our deep bench of litigators with significant trial experience can assist with disputes around the world.
Advising Global Service Provider on Financial Services Project
Advising a global service provider on a project that sits at the intersection of tech advisory and trade controls, including on the use of AI tools by financial services providers.
Advising a Leading Global Technology Trade Association
Advising a leading global technology trade association and its members on the application of existing U.S. anti-discrimination laws to artificial intelligence systems.
Advising Leading Global Technology Service Provider and Trade Association
Advising a leading global technology service provider and a global technology trade association on ethics guidelines published by the EU High Level Expert Group on Artificial Intelligence.
Advising Leading Global Technology Service Provider and Trade Association on Ethics Guidelines
Advising a leading global technology service provider and a global technology trade association on ethics guidelines published by the EU High Level Expert Group on Artificial Intelligence.
Assist a Global Cloud Services Provider in Drafting AI Analysis
Assist a global cloud services provider in drafting analysis assessing the potential benefits of using artificial intelligence in the manufacturing sector and the policy and regulatory issues that such uses may raise.
Advised UK-based Clinical AI Company Sensyne Health
Advised Sensyne Health, a UK-based clinical AI company, on: a collaboration with Bayer to analyze patient data from the UK National Health Service using Sensyne’s clinical artificial intelligence platform and apply the findings to Bayer’s cardiovascular disease pipeline; Jefferson Health to evaluate the clinical and commercial potential of its GDm-Health™ system in the United States; novel strategic research and data processing; and agreements with the Chelsea and Westminster Hospital National Health Service (NHS) Foundation Trust, the Oxford University Hospitals NHS Foundation Trust, and the South Warwickshire NHS Foundation Trust.
Advised BenevolentAI on its $90 million Equity Investment from Temasek
Advised BenevolentAI, which creates and applies AI and machine learning to transform the way medicines are discovered and developed, on its $90 million equity investment from Temasek, a Singapore-headquartered investment company.
Advising a Pharmaceutical Company on a Collaboration with an Emerging Technology Company
Advising a pharmaceutical company on a collaboration with an emerging technology company for the development, licensing and commercialization of a connected drug delivery device.
Advising a Leading Health Service Provider on a Collaboration with an NHS Trust
Advising a leading health service provider on a collaboration with an NHS Trust to collaborate on the development of a range of AI-driven digital health solutions for patients.
Advising the AI Business of a Multinational Technology Company on Using Personal Data
Advising the AI business of a major American multinational technology company on using personal data to train machines and related copyright issues, and issues around bias.
Advising Client Efforts in Analysis of Patient Information
Advising clients in the life sciences, healthcare and technology sectors on collaborations with hospitals and hospital systems in respect of the analysis of patient information, including: advising on laws and regulations governing the collection and use of patient information; structuring, negotiating and drafting collaboration agreements between life sciences and technology companies; advising on data-driven revenue models; drafting and negotiating data processing agreements under GDPR and business associate agreements under HIPAA; advising on the regulation of the provision of healthcare services.
EU's AI Regulations Could Lay Blame With CTO
August 18, 2020, Waters Technology
John Ahern is quoted in Waters Technology regarding the unintended consequences of AI regulation. Mr. Ahern shares that if the EC isn’t careful in writing future AI legislation, that the old law of unintended consequences could kick in. “What we need to be attentive to is where in the chain of liability are individuals affected. Think, for example, of the CTO: ...
ICO hits electronics retailer with maximum pre-GDPR fine
January 10, 2020, Global Data Review
Daniel Cooper is quoted in Global Data Review regarding the UK ICO’s decision to fine DSG Retail £500,000 under pre-GDPR data protection law. The fine stems from the company being compromised by a cyberattack affecting at least 14 million people. Mr. Cooper says, “the ICO's imposition of a maximum fine appears due, in part, to the fact that it felt DSG should ...
January 9, 2020, Global Data Review
Daniel Cooper spoke with Global Data Review about the European Commission’s recommended changes to artificial intelligence liability rules. Mr. Cooper says the commission is keen to stress that the conclusions drawn from the report remain those of the expert group only. “One has to assume that the commission wants to be careful to test the waters first and gauge ...
February 6, 2019
NEW YORK—Covington has advised Sensyne Health, the British clinical AI technology company, on its agreement with Jefferson Health to evaluate the clinical and commercial potential of its GDm-Health™ system in the United States. GDm-Health is a direct patient-to-clinician blood glucose monitoring management system specifically designed for the management of ...
August 17, 2018
LONDON—Covington has advised Sensyne Health on medical device regulatory and data protection matters in connection with its £60 million IPO on London’s AIM market. The firm also represented Sensyne Health in negotiating strategic research and data processing agreements with the Chelsea and Westminster Hospital NHS Foundation Trust, the Oxford University ...
GDPR drives global privacy compliance now, but still unclear whether it will become de facto global standard, experts say
March 23, 2018, MLex
Lindsey Tonsager recently spoke at the BCLT Privacy Law Forum in Silicon Valley is quoted in an mLex article discussing whether GDPR will automatically become a global privacy standard. Tonsager said that working with companies that depend on AI technology to become compliant with the GDPR “is incredibly, incredibly challenging." Commenting on modifications to ...
November 10, 2017
BRUSSELS—Politico has named Covington partner Miranda Cole to its “2017 Women Who Shape Brussels” list, a group of “20 powerhouses driving debates and influencing policy in 2017.” In its profile of Ms. Cole, the publication highlights her defense of leading technology clients, including Microsoft, Facebook, and Verizon, before the European Commission. Politico ...
November-December 2019, Journal of Robotics, Artificial Intelligence & Law
