Artificial Intelligence

Artificial Intelligence (AI) technologies are transforming industries, creating significant opportunities alongside complex legal, regulatory, and operational risks. Companies must navigate evolving requirements relating to data use, privacy, transparency, ethics, and accountability, while managing potential liability and protecting valuable intellectual property.

At the same time, businesses face challenges in commercializing AI solutions, structuring agreements for AI-enabled products and services, and integrating AI into legacy systems and workflows. Organizations must also address heightened scrutiny from regulators and stakeholders as global frameworks governing AI continue to develop.

Additionally, intellectual property challenges are particularly pronounced in the AI space. Companies must address questions surrounding the eligibility of AI-generated content for IP protection, ownership of outputs produced using third-party AI tools, and the legal risks associated with training models on third party materials. Organizations developing or deploying AI must implement robust IP capture and risk mitigation strategies that are prepared for a quickly changing landscape.

Snell & Wilmer’s Artificial Intelligence group provides strategic, business-focused counsel to clients navigating the rapidly evolving AI landscape. We work with clients to identify and mitigate these risks while enabling innovation – providing practical, forward-looking advice across the full lifecycle of AI development, deployment, and use. We represent innovators, technology companies, investors, and enterprises integrating AI into their operations, delivering practical guidance that aligns legal strategy with business objectives.

We represent a diverse range of clients across the AI ecosystem, including:

• Technology companies developing AI platforms, models, and applications
• Emerging growth companies and venture-backed startups
• Established enterprises deploying AI to enhance products, services, and operations
• Investors, private equity firms, and venture capital funds
• Companies in data-driven industries such as healthcare, financial services, consumer products, and media

Our experience spans advising clients involved in building AI systems, implementing AI solutions, operating data infrastructure, and commercializing AI-driven products and services across global markets.

Practical, Business-Oriented Counsel: Clients select Snell & Wilmer for our practical, business-oriented approach to complex AI matters. We focus on understanding each client’s technology, operations and strategic goals, enabling us to deliver tailored guidance that supports innovation while managing risk.

Coordinated, Responsive Service: Our multidisciplinary team combines experience across technology, intellectual property, regulatory compliance, and litigation to help clients address the complex challenges presented by AI technologies, including machine learning and large language models. Our attorneys work efficiently and collaboratively to address the full spectrum of AI-related legal issues, offering clear, actionable advice that clients can implement with confidence.

• Advised healthcare, technology, retail, real estate, and marketing technology companies on AI governance, AI contracting, AI-enabled products, and AI regulatory compliance.
• Structured and negotiated enterprise AI licensing agreements and AI contract addenda governing generative AI tools, machine learning systems, data rights, indemnification, governance controls, bias mitigation, and AI regulatory compliance.
• Counseled clients on AI compliance implications of deploying large language models and AI-enabled integrations involving sensitive data and third-party connectors.
• Authored AI governance and risk assessments evaluating transparency, explainability, human oversight, model usage, data protection, and accountability controls for enterprise AI platforms.
• Published and presented on emerging AI regulatory developments, AI enforcement trends, healthcare AI risks, cybersecurity implications, and evolving governance frameworks.
• Advised regulated company on navigating access and use of regulated data processed by AI systems.
• Advised dozens of publicly traded companies in the development of AI legal risk management, AI governance frameworks, AI procurement and contracting playbooks, AI compliance policies, AI/cybersecurity policy developments, and training and client-facing educational materials.
• Authored AI technology transparency and risk assessment addressing generative AI outputs, AI decisioning, governance controls, human-in-the-loop requirements, explainability, auditability, model usage, and customer data protections.
• Obtained an export license for foreign-person access to AI technology.
• Advised on data-protection and anti-money-laundering requirements for an AI platform.
• Advised on real-estate regulations affecting an AI-driven referral algorithm.
• Advised in connection with an LLM developed for cybersecurity applications.
• Assisted multiple emerging and established government contractors in negotiating, complying, and addressing claims related to SBIR, STTR, OTA, CRADA, and other government contracts and grants related to AI research and development.
• Assisted multiple government contractors in providing AI technologies and services to the government, including IP, access to controlled and classified data, foreign ownership control, and Facility Security Clearance compliance.
• Advised a client in China using AI to create a version of a song for a plush toy on compliance with the licenses being negotiated for the musical composition.
• Assisted a client in creating an internal employee guide on using third-party images in property-related client reports and on proper AI use.
• Assisted a client developing software on what it should and should not do when using AI to generate code.
• Provided guidance on using AI to update or edit client-owned images and the effect on copyright ownership.
• Worked on modeling agreements between models and agents restricting AI use to create images of a model’s likeness, and advised on right of publicity concerns.
• Provided advice to clients using AI to draft documents or conduct reviews on disclosure and attorney-client privilege waiver concerns.