About the Course
Introduction
This CLE webinar will provide an overview of the risks to companies when employees use AI in the workplace and address how counsel may help clients mitigate that risk by creating a comprehensive AI policy that manages employee use. The panel will describe drafting considerations for required policy provisions and best practices for implementation.
Description
With ongoing advances in generative AI, more companies are exploring ways to use AI to increase productivity, proficiency, and creativity in the workplace. Even where companies do not provide AI tools to their employees, certain AI applications are easily accessible to anyone, and employees may be using AI on their own, without employer knowledge, to perform work functions. The use of AI in the workplace, whether company-sanctioned or not, brings significant risks of which employers should be aware and prepared to handle by creating policies that govern employee use of AI in the workplace.
A non-exhaustive list of some AI risks includes (1) potential discrimination claims, if employees use AI for employment-related decisions without proper oversight and safeguards; (2) potential violations of the National Labor Relations Act associated with bargaining obligations or employee monitoring; (3) the improper disclosure of company confidential information and trade secrets when employees enter information into AI tools; and (4) copyright infringement or theft if employees use AI to generate content that could come from a third-party protected source.
A well-drafted, comprehensive policy governing employee use of AI is necessary in business today. Counsel should understand the various provisions to include to best protect clients' interests, including clearly defining the scope of the policy, setting guidelines for data privacy and confidentiality, addressing intellectual property rights, indicating whether and to what extent AI may be used in the human resources function, and clearly defining the consequences of policy violation.
Listen as our authoritative panel describes the risks to an organization when employees use AI and how counsel may help clients mitigate that risk by creating a comprehensive AI policy. The panel will address key drafting considerations and pitfalls to be avoided and provide best practices for implementation.
Presented By
With 30+ years of experience, Mr. O’Keefe is a first-chair trial lawyer who represents employers in complex and multifaceted disputes, including class actions and multidistrict litigations that often require coordination and collaboration with other legal practice teams and external experts. His mission is to deliver responsive and effective representation, customized to meet the unique needs of each client. Mr. O'Keefe has handled matters to defense verdicts, decisions, or awards before judges, juries, and arbitral tribunals such as FINRA and AAA, in appeals in federal and state courts, and with state and federal agencies throughout the United States. He has represented employers in lawsuits alleging breach of noncompete agreements; theft of trade secrets; discrimination and retaliation based on gender, race, age and disability; sexual harassment; whistleblowing; wage and hour violations; Title IX violations; breach of contract; defamation; fraud; and other business-related torts. Mr. O'Keefe's practice includes representing clients in complex class and collective litigation, including alleged violations of state and federal pay equity laws, violations of wage and hour laws, and discrimination claims.
Practicing at the intersection of law, technology and employment, Mr. Ray is a nationally recognized thought leader on AI, eDiscovery, and the use of technology across the employment lifecycle. As a co-lead of Littler’s AI practice, he advises clients on pragmatic and cross-functional approaches to assessing, deploying, and managing employee-focused AI tools on the one hand and defends against AI-based employment class actions on the other. Mr. Ray’s cross-functional guidance supports business, product, and HR teams in navigating the evolving use and regulation of AI-driven tools and processes. He helps clients create and implement AI development policies, select and deploy AI tools, train teams on AI risks, and comply with emerging regulations in the U.S. and internationally. Using his deep legal and technological skills, Mr. Ray provides tailored solutions for integrating AI across the employment lifecycle while minimizing compliance and litigation risks. He has extensive experience handling eDiscovery and electronic evidence issues nationwide in employment disputes, including class actions and trade-secret cases. He advises clients on preserving data proportionately and cost-effectively, developing strategies to minimize eDiscovery complexities, designing advanced ESI review and production methodologies using cutting-edge tools such as threading, clustering, multivariate search criteria and AI, addressing trial issues including expert testimony and the admissibility and authentication of electronic evidence, and establishing record-retention schedules, practical eDiscovery policies and data-minimization frameworks. An active litigator, Mr. Ray regularly handles hearings, depositions, and trial issues related to eDiscovery, nationwide.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, January 6, 2027
- schedule
1:00 PM ET/10:00 AM PT
I. Overview of the use of generative AI in the workplace and company risk exposure
A. Discrimination
B. Intellectual property infringement and theft
C. Disclosing confidential information and trade secrets
D. Data privacy and surveillance issues
E. Other possible risks
II. AI policy provisions and drafting considerations
A. Policy purpose and scope
B. Data privacy and security including employee privacy
C. Company confidential information and trade secrets
D. Employment-based decisions
E. Intellectual property infringement and theft concerns
F. NLRA disclaimer
G. Consequences of policy violations
H. Other considerations
III. Best practices for policy development and implementation
The panel will review these and other important considerations:
- What risks do companies face when employees use AI in their organizations even if the company does not provide AI tools to the employees?
- What are preliminary considerations for counsel and clients before drafting an AI policy?
- What provisions should be included in the policy to manage employee AI use in the workplace?
- What are best practices for implementing an AI policy?
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