AI-Related Due Diligence in M&A Deals: Key Areas of Inquiry, Strategies for Uncovering and Mitigating Risks

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Commercial Law
- event Date
Wednesday, June 25, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will explore the key areas of inquiry when conducting due diligence on a target company's use of artificial intelligence (AI) in its operations. The panel will highlight the unique challenges inherent to AI and provide guidance for uncovering and assessing risks during the due diligence phase of a deal.
Faculty

Mr. Emmi is a partner and leader in the Technology Transactions practice within Reed Smith’s Global Corporate Group. He has an electrical engineering and intellectual property background, and had worked in the computer science industry prior to his career in the legal services industry. Mr. Emmi has extensive experience advising corporate clients regarding tech transactions, including mergers, acquisitions, spinoffs, and complex IP transactional matters, in each case in the intellectual property, information technology, cyber security and privacy practice areas. He has provided counsel on numerous intellectual property portfolio and patent prosecution matters. Mr. Emmi also has extensive experience litigating complex IP matters, with a focus on patent litigation involving technology in the electrical engineering arts.

Ms. Robledo’s practice focuses on the intellectual property, data, and technology aspects involved in a wide range of corporate and transactional matters, including mergers and acquisitions, licensing, collaboration agreements, and joint ventures. She routinely advises public and private clients from various industries on the intellectual property, privacy, and cybersecurity aspects of a wide range of corporate matters.

Ms. Becker has over 30 years of experience practicing corporate law with an emphasis on U.S. and cross border mergers and acquisitions for emerging, middle market, and Fortune 500 companies. She advises her company clients and their boards as to corporate governance issues and general corporate matters. Ms. Becker’s transactional experience also includes joint ventures and other complex strategic relationships, securities offerings and securities compliance issues, strategic and venture capital equity investments, financing transactions, recapitalizations, and restructurings. She has developed a robust practice advising clients on the legal implications of AI technologies and has a comprehensive understanding of the rapidly evolving AI industry and its intersection with corporate governance, compliance, and regulatory issues. Ms. Becker has a proven track record of successfully advising clients in high stakes AI related M&A, joint venture, and equity investment transactions. She also provides strategic insights to her clients in developing and leveraging AI innovations while mitigating legal risks and ensuring compliance with international and domestic regulations.
Description
As AI becomes a business necessity across industries, companies are leveraging mergers and acquisitions to enhance their AI capabilities and stay competitive in the rapidly evolving technological landscape. Acquiring a target that either develops or incorporates AI technologies in their business operations presents unique legal challenges and risks.
Comprehensive due diligence is imperative in AI deals to accurately assess the value and potential risks associated with an AI target. While some due diligence factors are the same as those in general technology transactions, there are specific AI-related concerns that must be assessed such as data governance, cybersecurity, intellectual property rights and ownership, infrastructure requirements, and compliance with the rapidly changing legal and regulatory environment.
When identifying AI-related issues during due diligence, buyers' counsel should assess the feasibility of mitigating the risks and determine how they can be addressed with purchase price adjustments or tailored deal terms in transaction agreements.
Listen as our authoritative panel examines the unique legal due diligence issues arising out of a target's use of AI technologies and provides strategies for uncovering, assessing, and mitigating AI-related deal risks.
Outline
I. Overview: M&A market activity in the AI sector
II. Key issues relating to AI-related deals
III. Due diligence strategies to assess and uncover AI-related risks
IV. Addressing and mitigating risks discovered during due diligence
V. Practitioner pointers and key takeaways
Benefits
The panel will address these and other key considerations:
- What are the unique issues that arise with AI-related transactions and how do these deals differ from general technology deals?
- What are the key legal due diligence considerations that arise out of a target's development or utilization of AI technology?
- What due diligence strategies should counsel employ to assess and uncover AI-related deal risks?
- How should issues discovered during due diligence inform the terms of the transaction documents?
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