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Contentious AI

Our global, multi-disciplinary Contentious AI team has the global reach to handle the most complex, multi-jurisdictional internal or external investigations, litigation and enforcement matters. Embedded within that team are highly ranked litigation and investigations, digital regulation, data, IP, cyber, competition, product liability, employment, financial services, healthcare, ESG specialists and more. Our team has wide-ranging sector expertise and includes a number of former senior prosecutors and regulators, as well as those who have been seconded to regulators.

Integrated into our practice is the latest cutting-edge technology including Opus 2, which allows us to investigate more efficiently and deliver a cost-effective service to our clients.

Focus on....

AI and Digital Regulation

New AI and broader digital regulation has either been passed or is likely in many jurisdictions. The new EU AI Act sets a high threshold for potential fines, with the worst breaches being capable of attracting penalties of up to EUR 35 million or 7% of an entity’s annual worldwide turnover.

Our experienced tech and data team has deep experience in successfully responding to regulatory investigations and enforcement actions in connection with AI – including on the use of Google DeepMind. We have a proven track record in helping clients to reach both successful compliance and enforcement outcomes.

Competition and Consumer

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

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

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.

IP

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.

What clients say

Legal 500 (2023), Privacy & Cybersecurity, client quote

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Chambers Global (2024) Investigations & Enforcement (International & Cross-Border), client quote

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Chambers Global (2024) Competition/Antitrust, client quote

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Chambers Global (2024) Dispute Resolution, client quote

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Chambers Crisis & Risk Management Guide Global-wide (2023) Environmental, Social & Governance Risk

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Chambers UK (2024) Financial Services: Contentious Regulatory (Corporates)

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Chambers Global (2024) Employment

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IAM Patents 1000, 2023

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Experience highlights

Advising Experian:

on the ICO’s investigation into its use of data for analytics and marketing, and on its successful appeals against ICO action in both the First Tier Tribunal and then the Upper Tribunal, one of the most significant data protection challenges to date.

Advising a major technology platform:

on how algorithms powered by AI may have contributed to harmful content being distributed to particular users. We used an AI-driven review workflow to rapidly identify those documents that were most relevant to our client's case and allow us to advise them on strategy accordingly.

Advising the UK NHS:

on the successful resolution of an 18-month investigation by the ICO, in relation to the use of Google’s AI business DeepMind of new data matching technology, resulting in a final confirmation of compliance by the ICO.

Useful publications

Tech Legal Outlook 2024 Mid-Year Update: Driving value from AI

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Oops AI did it again: chips come into sharp focus in the Competition and Market Authority's AI Foundation Models review

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Executive Order Establishes Guardrails to Protect Americans’ Sensitive Personal Data

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The new EU Product Liability Directive

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Meet our global specialists


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