The rapid development and deployment of Artificial Intelligence (AI) present multiple and complex regulatory and ethical challenges. Naschitz Brandes Amir's cross-disciplinary AI practice team has an in-depth, first-hand understanding of the risks and the evolving regulations in the AI domain. We are at the forefront of guiding companies, developers, investors, and buyers on the full spectrum of legal and regulatory issues arising from the development, commercialization, and use of generative AI platforms and applications across industries and sectors. Our AI-related expertise comes from the intersection of deep experience in intellectual property, data protection, information technology transactions, and regulatory compliance, combined with a strong understanding of artificial intelligence technologies.

 

We are actively involved in the development of the emerging legal and regulatory AI landscape in Israel. This includes representing major stakeholders in high-profile intellectual property cases, such as the DABUS matter regarding proprietary rights in AI-generated inventions, leading and participating in professional committees, engaging in industry events, publishing guidance papers, and contributing to policy discussions on the future of AI regulation and ethics. Our expertise also extends to sector-specific AI regulation, including in financial services, healthcare, labor, data governance, and the creative industries.

 

Our cross-practice teams leverage a comprehensive, forward-thinking approach to deliver expert advice while staying ahead of technological advancements and legal developments in this quickly evolving area.

 

 

How We Help Our Clients: 

 

Corporate 

 

  • Representing leading high-growth companies across the entire AI ecosystem in various corporate transactions, from financing to M&A and private equity transactions to capital markets transactions.
  • Representing companies and funds in investments in, and acquisitions of, AI-based companies and technologies.
  • Representing leading venture funds in their investments in AI companies developing AI platforms as well as those implementing AI.
  • Advising on due diligence matters regarding the potential use of AI and generative AI tools by vendors and acquisition targets.

 

Compliance

 

  • Advising on compliance with local and international AI-related laws, regulations, and guidance (such as the EU AI Act, regulations in the United States, and IP and privacy protection rules). We advise clients on compliance with cross-border regulatory requirements and assist in developing global compliance programs in specific sectors, such as healthcare, finance, labor, and the creative industries.
  • Assisting companies with the development and implementation of AI operation and usage principles, policies, and frameworks.
  • Assisting AI companies in establishing ethical use of data and AI acceptable use policies.
    Providing AI literacy guidance, training, and awareness consultations.
  • Assisting with employment law challenges arising from the use of AI in the hiring process and employee assessments.

 

Commercial

 

  • Negotiating commercial agreements on behalf of providers of generative AI tools.
  • Advising on customer agreements/licenses for products/services incorporating third-party generative AI tools.
  • Assisting AI-driven companies with data and content licensing agreements (both inbound for training and outbound).
  • Advising on policies for the use of third-party AI tools and associated risks.
  • Conducting due diligence on various AI platforms and providing an overview and advice relating to each platform’s terms of service and privacy policies, including risk assessment and mitigation advice.
  • Advising clients on the commercialization of AI-driven products.

 

IP and Technology

 

  • Assisting clients in obtaining IP protection and advising on issues of copyright authorship, ownership, patent protection, and other aspects of protection for AI-generated works.
  • Assisting AI companies in ensuring freedom-to-operate.
  • Assisting companies using generative AI for code development in managing open-source risks.
    Advising clients on other potential IP issues (trademark, trade secret, right of publicity, copyright, DMCA, Computer Fraud and Abuse Act) relating to the input of training material into AI models and the output generated by AI tools in response to user prompts.
  • Assisting AI companies with bespoke commercial agreements relating to the ownership of outputs and custom AI models.
  • Handling AI-related patent and copyright litigation and other proceedings.

 

Privacy and Data Protection

 

  • Advising clients on privacy, cyber, and information security implications surrounding the development and use of generative AI.
  • Advising clients on appropriate parameters for the procurement and use of publicly available and user-generated content for AI training data, including laws pertaining to scraping and anti-scraping measures.
  • Advising clients on the application of data minimization and transparency principles in the AI lifecycle.
  • Advising on data subject rights in connection with AI products.
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