Artificial Intelligence

With AI components now integral to most technology and sourcing transactions, our Technology & Sourcing lawyers provide insights into emerging trends, risks and opportunities tied to the adoption of AI. We assist clients from strategic planning through implementation and exit, supporting transactions involving AI development, licensing and integration.

Our experience includes negotiating AI tool agreements, open-source model implementation, and data and content licensing, and addressing supply chain issues related to AI in goods and services. We also advise on joint ventures that leverage AI for enhanced data utilization and monetization.

Loeb’s long-standing and broad-based representation of content creators, producers and distributors across the music, film and television industries makes us uniquely positioned to advise on AI matters in the entertainment space. We represent emerging AI companies and advise on the use of AI in songwriting, music, video production, video games, live events, artwork and branding assets.

We also have extensive experience with navigating the new AI provisions in WGA, DGA SAG-AFTRA and IATSE collective bargaining agreements, including digital replicas. Our work includes advising on contract provisions, usage rights and ethical considerations to support legally sound and creatively aligned AI integration.

AI is transforming the advertising and media industry through highly personalized content, generative AI-created ads and enhanced media buying. Our team advises on AI use in adtech platforms and generative tools, helping clients align with legal standards and brand objectives. We counsel on issues such as transparency in AI-generated content, talent and publicity rights, and automated decision-making technology in audience targeting and ad serving. Our guidance addresses privacy, consumer protection and data governance concerns.

Whether advising AI service providers or companies procuring and integrating AI, our lawyers offer practical, business-savvy advice across corporate, governance and employment matters related to AI.

Our transactional services include due diligence on AI models, data sets and related IP to assess value and regulatory implications. We have handled landmark deals, including representing a major health care provider in a first-of-its-kind transaction to establish a joint venture to develop and commercialize breakthrough health care AI to improve quality and access to care and close health equity gaps.

We also advise on the ethical and compliant use of AI in recruitment, performance management and workplace tools, helping clients address employment law compliance and mitigate risks such as bias and discrimination. Our approach incorporates worker input and prioritizes human oversight to support responsible implementation.

We help companies address privacy challenges arising from AI, including web-scraping risks, data de-identification standards and biometric data use. Our team supports clients throughout the AI life cycle, including advising on governance policies, risk assessments, product reviews, licensing and ethics programs.

Our lawyers monitor the evolving privacy law landscape and help clients stay ahead of regulatory developments. We also assist with agentic AI and autonomous decision-making, focusing on transparency, accountability and compliance with applicable laws.

Loeb advises clients across industries on a wide range of IP issues related to AI, including the protection of AI-assisted works and registration with the U.S. Copyright Office where applicable. We review terms of service and licensing agreements to help clients address ownership and control of IP, and we develop strategies to prevent unauthorized use of IP by AI such as for training AI models.

Our work includes advising on licensing strategies and navigating issues such as fair use, secondary liability and copyright management information—central to recent AI-related litigation. We also counsel on the evolving right-of-publicity landscape, particularly when AI is used to replicate an individual’s image, voice or likeness.

With respect to patents, we draft and prosecute patents for AI-driven technology improvements. Our understanding of AI’s technical dimensions supports efficient patent development across AI applications such as translation, mapping, medical diagnostics, fraud detection, transaction security, computer security, chatbot development, virtual reality and manufacturing design. We also litigate AI-related patents for both plaintiffs and defendants in areas such as computerized trading, web development, biotech and encoding techniques.

At the intersection of AI and health, our team advises on the use of AI in clinical trials, highly regulated medical devices and drugs, fitness equipment and wellness apps. We regularly support day-to-day business matters, including drafting AI impact assessments and establishing ethics review processes.

For medical device companies, we provide guidance on the FDA’s evolving premarket clearance requirements for AI-enabled devices. For wearables and wellness platforms, we advise on FDA and FTC regulatory implications and help develop strategies to mitigate potential product liability risks associated with generative AI features.