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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, August 17, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will advise counsel on the use of artificial intelligence (AI) and related algorithms in contract development and how the Federal Trade Commission (FTC) and the European Commission (EC) intend to regulate AI in contracts to mitigate bias and discrimination claims.

Faculty

Annmarie Giblin
Miscellaneous

Ms. Giblin practices cyber and privacy law, related legal consultant work, and all types of general litigation. She is a cyber law thought leader, identifying and explaining potential cyber legal trends and changes. Ms. Giblin regularly speaks at various types of corporate cyber legal trainings and private audience events. She developed an early expertise in cyber law when the body of law was still in its formation stage and utilizes her extensive litigation experience to keep abreast of all facets of cyber law as it continues to expand and grow. As cyber and privacy law started to merge into one, her thought leadership and cyber knowledge allowed for an easy inclusion of this practice area as well. Ms. Giblin has been able to apply this knowledge on an international basis, monitoring international cyber and privacy legal trends, and following them as they become issues in the U.S.

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James A. Sherer
Partner
BakerHostetler

Mr. Sherer is Chair of the firm’s Information Governance practice team and also serves as a member of the E-Discovery Advocacy and Management, and Privacy and Data Protection teams. His work focuses on litigation; discovery management processes; enterprise risk management; records and information governance; data privacy, security and bank secrecy; artificial intelligence; technology integration issues; and related merger and acquisition diligence. Mr. Sherer holds an M.B.A., his CIPP/US, CIPP/E, CIPM and FIP data privacy professional credentials, the CIP and IGP information governance designations, and the CEDS eDiscovery specialist credential.  

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Description

AI and related algorithms can improve contract drafting efficiency, making counsel more competitive by shrinking the knowledge gap across years and silos, providing lawyers with proactive rather than reactive tools.

The FTC issued guidance earlier this year due to many cases alleging violations of FTC regulations regarding AI and automated decision-making. The FTC emphasized the importance of ensuring data sets are representative of the population, testing outcomes to avoid bias and unfair discrimination, and being transparent about what an algorithm can and cannot do with business customers and consumers.

Likewise, the EC has proposed expansive regulation and global AI standards, including the establishment of a European Artificial Intelligence Board to oversee regulatory implementation. The EC's proposed AI Regulation bans certain practices that create an unacceptable risk; outlines strict safeguards for "high-risk" AI systems (outlined in Annex III in the Annexes to the Proposal); places lesser restrictions on and creates voluntary "codes of conduct" for "limited-risk" AI systems; and includes weighty fines for violations (noncompliance at up to 30 million euros or six percent of worldwide turnover, whichever is greater).

Listen as our expert panel discusses the status of contract development using AI and algorithms, current FTC guidance, and the state of proposed EC regulations on future use.

Outline

  1. AI and algorithms
    1. Status of use in contract development
    2. Efficiency
    3. Decreased costs
  2. FTC guidance
    1. Bias
    2. Discrimination
  3. EC proposed regulations
    1. Prohibited activities
    2. Implementation and enforcement agency
    3. Recordkeeping requirements

Benefits

The panel will review these and other key issues:

  • How can counsel address the pros and cons of the use of AI in contract development?
  • What is the FTC guidance on the use of AI in contract development?
  • What AI regulations has the EC proposed?