Emerging Technology

“The team at BakerHostetler are extremely knowledgeable, approachable, succinct and thorough with their research. They are also exceedingly responsive, strategic, and always willing to think outside the box.”

— Chambers USA 2024

A tidal wave of groundbreaking, emerging technologies is transforming all aspects of business, including data analytics, machine learning, natural language processing and other types of artificial intelligence (AI); smart contracts; the Internet of Things (IoT); digital media; and blockchain. These technologies present client opportunities and challenges that, in turn, require rigorous analysis and careful evaluation of practical uses and the accompanying range of potential legal risks.

Provided a client consortium with focused advice on AI and related third-party consulting regarding data collection and use, algorithm development, intellectual property (IP) ownership and licensing, data privacy and security impact, data lake development, data flows and the use of limited data sets and de-identified data, algorithm application, monetization considerations, and related contracting.
Advised on planning and contracting guidance related to AI and advanced analytic dashboard development for an organization’s spin-off operations, intersecting with cloud storage, data privacy and third-party responsibilities.
Advised on the application of AI and algorithm strategy for procurement activities and “bot” negotiations related to a commodity purchase, offer and acceptance, and related contracting and memorialization.
Advised on the use of AI for product and course-of-care development, including data purchase and sale and related IP protections.
Advised a retailer regarding the use of AI and algorithm products for resume intake and related hiring considerations.
Participated in and advised on multiple instances of the utilization of algorithms and Technology Assisted Review in litigation and in the context of e-discovery production obligations.
Advised on a joint venture for research and development in the fields of machine-to-machine communications and IoT.
Advised on the implementation of telematics systems for a client fleet application, where the telematics systems monitored and optimized vehicle geolocation data. Evaluated state event data recorder law and related privacy considerations for necessary disclosures and notices, and other risk-mitigation practices.
Represented an automobile device manufacturer before the Federal Communications Commission (FCC) in multiparty connectivity enforcement matters for spectrum use compliance concerns, including FCC Part 15 device compliance.
Counseled multiple companies regarding the evolving regulatory landscape for token-generating events such as initial coin offerings.
Advised multiple cryptocurrency industry clients on the Gramm-Leach-Bliley Act, federal and state money services business registration, Bank Secrecy Act compliance, and consumer protection, privacy and cybersecurity matters.
Created future state road maps for clients across various industries to embrace and implement emerging technologies focused on contract management, smart legal contracts, litigation analytics and legal hold management solutions.
Developed an automated smart legal contract for the freight transportation industry; specifically, computing fuel surcharge calculations.