The Impact of Artificial Intelligence (on Business as We Knew It)

Addressing the legal, regulatory, and enforcement challenges ahead for employers and the health care and life sciences industries.

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Are you prepared for "business as usual" with AI?

Artificial intelligence (AI) and the algorithms that support it, particularly large language model “generative AI” programs, such as ChatGPT, Microsoft Bing, Github Copilot, and Google Gemini, now dominate the attention of business and institutional enterprises, not to mention the public at large.

Generative AI has penetrated virtually every aspect of business, and the effect of such large language model AI programs cannot be underestimated. Beyond research functionality, organizations are creating or adopting AI applications that substantially affect their products, services, and labor forces. While the body of AI-specific law is currently thin, it is expanding. Congress has begun hearings, and numerous federal agencies are developing AI regulations and guidance.

Although many legal advisors have recently instituted AI-related services, Epstein Becker Green has advised organizations on AI matters for more than 10 years. Our team of nearly 60 attorneys across various practices has led over 200 health care, life sciences, and labor and employment projects with an AI component.

Epstein Becker Green attorneys join forces with social scientists and data scientists at EBG Advisors, Inc., who have worked on thousands of AI-related projects across virtually every industry. Through this interdisciplinary approach to AI risk management and regulatory compliance, Epstein Becker Green’s AI practice group is well positioned to help clients navigate the complex and ever-evolving AI landscape.

AI projects completed by our team to date

Challenges and Opportunities Posed by AI

Businesses and executives are grappling with numerous questions regarding AI and its impact on their organizations. For instance:

  • Data Strategy: What data do we need for AI, and how can we ensure its quality, accessibility, and security?
  • Ethical and Responsible AI: How can we ensure that AI technologies are used ethically and responsibly?
  • Risk Management: What risks and challenges are associated with AI adoption, and how can they be mitigated?
  • Scale and Integration: How can AI be scaled across the organization, and how can it be integrated with existing systems and processes?
  • Regulatory and Compliance: What are the regulatory requirements and compliance considerations related to AI adoption?

Indeed, while AI-powered tools offer great benefits, they can also create potentially expensive and disruptive legal liability, operational shortcomings that may impede greater success in the marketplace, and reputational damage in the court of public opinion.

When AI Is Involved, Epstein Becker Green Can Help

Epstein Becker Green can help your organization augment and strengthen its AI evaluation framework to protect your organization from a growing number of external threats.

We offer both developer and user algorithm bias testing services as well as a full range of legal and consulting services to help mitigate bias while preserving utility. Proper risk management of bias requires proactive measures throughout the machine-learning model’s life cycle, including independent testing for the presence of bias before final deployment and periodic checks afterward to ensure consistent compliance during use.

Organizations turn to us to address such issues as:

  • The auditing or approval of an algorithm as required by law
  • Legal risk management involving the identification and compliance of legal requirements
  • The development of AI governance and compliance programs
  • The management of cybersecurity and data privacy risk in the AI supply chain
  • The evolving legal significance of bias in algorithms and tools utilized in recruitment, hiring, evaluation, promotion, compensation, workforce management, and diversity, equity, and inclusion (DEI)
  • Requirements of transparency and explainability in connection with automated decision-making
  • Regulatory enforcement and litigation avoidance and defense
  • Due diligence questions that arise in an M&A context
“We offer both developer and user algorithm bias testing services as well as a full range of legal and consulting services to help mitigate bias while preserving utility.”

Have Questions (or Are Not Sure Where to Even Begin)? Contact Us.

Alaap Shah

Tech-savvy and solutions-oriented, Alaap helps clients build trust among stakeholders so that clients can collect, share, analyze, and protect data and information technology assets.

CONTACT ALAAP

Lynn Shapiro Snyder

With over 40 years of experience and being one of the first women in health care law, Lynn is a senior health care regulatory and AI compliance lawyer and a strategic advisor for health care and life sciences companies.

CONTACT LYNN

Adam S. Forman

A co-leader of Epstein Becker Green's AI practice group, Adam is known for his experience in the intersection of employment law and technology. He advises employers on emerging technologies and their impact on the workplace.

CONTACT ADAM

Nathaniel M. Glasser

A co-leader of Epstein Becker Green's AI practice group, Nathaniel advises clients on how to maximize the benefits of AI in recruitment and selection while minimizing potential risks.

CONTACT NATHANIEL

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IMPACT ON EMPLOYERS

Bradley Merrill Thompson

Chairman of the Board and Chief Data Scientist of EBG Advisors, Inc., Brad serves the legal needs of clients that develop or use AI tools. He counsels medical device, drug, and combination product companies on a wide range of U.S. Food and Drug Administration and Federal Trade Commission regulatory, reimbursement, and clinical trial issues.

CONTACT BRAD

Adam S. Forman

A co-leader of Epstein Becker Green's AI practice group, Adam is known for his experience in the intersection of employment law and technology. He advises employers on emerging technologies and their impact on the workplace.

CONTACT ADAM

Nathaniel M. Glasser

A co-leader of Epstein Becker Green's AI practice group, Nathaniel advises clients on how to maximize the benefits of AI in recruitment and selection while minimizing potential risks.

CONTACT NATHANIEL

Are you prepared for "business as usual" with AI?

Artificial intelligence and the algorithms that support it, particularly large language model “generative AI” programs such as ChatGPT, Microsoft Bing, Github Copilot, and Google Bard now dominate the attention of business and institutional enterprises, not to mention, the public at large.

Generative AI has penetrated virtually every aspect of business and the effect of such large language model AI cannot be underestimated. Beyond research functionality, organizations are creating or adopting AI applications that substantially affect their products, services, and labor forces. While the body of AI-specific law is currently thin, it is expanding. Congress has begun hearings, and numerous federal agencies are developing AI regulations and guidance.

Although many legal advisors have recently instituted AI-related services, EBG has advised organizations on AI matters for more than 20 years and our team has led over 200 health care and labor and employment projects with an AI component.

EBG’s Artificial Intelligence Group, comprised of nearly 60 attorneys, as well as social and data scientists, is well positioned to help clients navigate the complex and ever-evolving AI landscape.