The recent Tech GC Roundtable included several key practical pointers for in-house tech lawyers who are navigating the implementation of Artificial Intelligence (AI) into their workforce.
- Acceptable Use Policy: Develop a GenAI Acceptable Use Policy (AUP) for your workforce and vendors to ensure appropriate guardrails are in place based on use case – update for latest developments.
- Attorney-Client Privilege: Take affirmative steps to protect the attorney-client privilege and minimize the risk of losing the privilege.
- Trade Secret and IP Protection: To protect confidential/sensitive data, use a private cloud large language model (LLM) and ensure prompts or inputs are not used for model training purposes.
- Ownership Rights: Develop policies (and include in employment and contractor agreements) to impose appropriate limits on the use of GenAI, especially regarding software development or other critical IP assets.
- Risk Management: Prepare a checklist of AI legal issues for review by your board/management team; consult quarterly with your risk management broker regarding insurance coverage for legal and business risks arising from the use of GenAI.
- Employment Issues: Review and revise employment documents, agreements, handbooks, and online information to comply with new legal and regulatory limitations and restrictions, including anti-discrimination laws as they relate to recruiting, hiring, or HR practices.
- Emerging Tech Committee: Establish an Emerging Tech Committee with stakeholders to monitor business and legal changes with updated agenda, including new government and regulatory restrictions on the use of GenAI.
- Human Verification Process: Develop a system requiring human review and verification of GenAI outputs, including documents or information used in court filings.
*Note: the above are presented for educational purposes only and are not intended to constitute legal advice.
Our attorneys are happy to answer any questions you may have about Artificial Intelligence.
About the Tech GC Roundtable:
The Roundtable’s mission is to bring together general counsels and top legal advisors from tech companies to promote the exchange of ideas, share best practices, and learn about current issues impacting fast-growing technology companies.