With artificial intelligence being deployed across ever more sectors and use cases, litigation arising from its application is unsurprisingly on the rise. From consumer class actions to high-value contractual disagreements between technology providers and customers, we can help you navigate these challenges.

We pride ourselves on our cross-practice approach, leveraging our network of subject-matter experts to address the multifaceted nature of AI disputes. In addition, we deploy cutting-edge technology to streamline our service to clients, ensuring outcomes are achieved swiftly and efficiently.

AI is firmly in the cross-hairs for competition, consumer and foreign investment regulators globally. Regulators are making full use of their available competition and consumer law tools, while lawmakers across the globe are introducing an unprecedented number of new rules and powers, to better guide and rein in the evolution of AI markets in a way that could be anticompetitive or harmful to consumers or national security.

In a landscape of relentless innovation and shifting market dynamics, our market-leading competition and consumer law specialists offer seasoned experience and comprehensive expert advice globally, whether in merger control, foreign investment, or antitrust / consumer law enforcement. Our teams are also key thought leaders at the forefront of legal change in regulation of digital markets, with a cutting edge understanding of the technical dynamics and strategic considerations in complex AI markets as well as the new regimes designed to regulate them.

Cyber security is one of the most important issues for all businesses, and the use of AI by threat actors means that the volume and severity of cyber attacks is on the rise. Meanwhile, regulatory regimes intended to protect individuals all across the globe are setting ever-higher standards for cyber security, with a focus on providers of critical national infrastructure (CNI), and widening legislation which draws in the suppliers who serve these CNI organisations.

Our specialists use their decades of experience to advise on some of the largest and most complex cyber mandates in this dynamic market, assisting our clients on all aspects of the cyber lifecycle, from preparedness (including the use of AI tools to mitigate cyber risk), to acting as breach coach if a crisis occurs, and carrying out post-incident investigations.

Data regulators have been clear about the risks posed by AI and their desire to ensure that individuals’ personal data is not misused in a way that is non-transparent, unlawful or that causes harm. Existing privacy laws are already being used to regulate AI and ensure that risks are appropriately considered and to give individuals rights to claim if their data protection rights are infringed.

We have significant experience in assisting clients in explaining to regulators how their AI tools work, and in assisting them to respond to investigations successfully.

We have also acted on some of the world’s leading privacy cases, including Lloyd v Google.

AI is driving a workplace revolution and offers opportunities for employers at every stage of the employment lifecycle. However, the availability and accessibility of AI tools is at odds with the complexity of the legal framework in which they operate. A lack of bespoke rules means employers must negotiate a matrix of existing employment laws and be alive to the risks arising. This includes the potential for bias and discrimination, the need to apply safeguards to automated decision-making, protection of employees' right to privacy and setting guardrails for the use of GenAI.

Organisations can leverage AI to enhance their ESG strategies, for example in relation to net zero transition, ESG reporting, climate change modelling, and operational efficiencies. Yet the use of AI can also give rise to potential ESG litigation and regulatory scrutiny, including in respect of greenwashing claims, human rights or discrimination claims due to algorithmic biases or under emerging supply chain due diligence regimes, as well as liability for inaccuracies or lack of transparency when using AI for ESG data collection and analysis to comply with ESG disclosure requirements, or using AI for automated decision-making which could result in adverse ESG outcomes.

Our ESG specialists offer holistic cross-practice expert advice globally on all aspects of ESG. Our team are at the forefront of the vast and rapid changes taking place in ESG regulation and risk management and mitigation and are able to help businesses assess the evolving landscape strategically.

AI can mitigate financial services firms’ compliance risk through more precise, targeted and efficient monitoring and controls. It can drive firms’ revenue through better targeting and tailoring to individual consumers.

There are real execution risks here: discriminatory practices and consumer derisking; the formation of anti-competitive “moats”; opaque controls with unpredictable scope for error; and market dislocation through algorithmic correlations. Financial services regulators stand ready to intervene to mitigate these. Regulatory interventions may range from well-telegraphed new rules through to sweeping and firm-specific requirements to mitigate risk and substantial financial penalties to achieve impactful deterrence. Banks also need to manage related operational risks here, such as disruption to their AI systems or service interruptions from critical AI providers.

Our market-leading risk advisory and contentious regulation experts work hand-in-glove with our best-in-class financial regulation and AI experts. We offer our depth of experience and practical insight to help our clients mitigate and manage the contentious risks whilst unlocking the great promise of AI in financial services.

AI presents key IP challenges for businesses. Creation and use of AI systems can cause IP infringement claims, including in relation to the data used to train AI models and the content AI systems produce. Ownership rights over AI-created works and inventions also present legal uncertainties.

As the legal and regulatory landscape evolves around the world, our specialists are able to guide businesses through these complex AI-related IP challenges across Asia, the EU, the UK, and the US. Our services include strategic IP advice, contract safeguards, and acting on IP disputes in the field of AI.

AI can be defective and give rise to safety issues. As lawmakers and regulators seek to respond to the risks posed by AI, traditional product liability regimes are being disrupted. In some jurisdictions, laws are being passed to provide strict liability for defective smart home systems, robots, drones and other items made unsafe by AI.

Our product liability specialists are able to offer comprehensive coverage across the EU and UK, as well as teaming with well-known specialists across the US and Asia to deliver holistic strategic advice, whether in disputes with insurers, in defending consumer claims, or otherwise.