Our Experience and AI Team
With our multidisciplinary capabilities and transactional, regulatory, and litigation experience, we are ideally suited to advise organizations on how to reap the benefits of AI while minimizing legal and business risks.
Our Sociotechnical, Multidisciplinary Approach to Your Unique Circumstances
Epstein Becker Green and its affiliate consultancy, EBG Advisors, unite to identify and advise on processes that can help reduce bias in AI without being cumbersome or blocking progress.
Backed by nearly 1,000 projects across hundreds of clients, our advisory adopts a socio-technical perspective, pairing top-notch attorneys from Epstein Becker Green with industry-leading data and social scientists from EBG Advisors to critically evaluate the AI life cycle for potential risk and abuse. Together, our team provides algorithmic bias auditing and risk management consulting services.
This multidisciplinary team was established in alignment with the AI Risk Management Framework developed by the National Institute of Standards and Technology (NIST). While many legal advisors have only recently instituted AI-related services, Epstein Becker Green has advised clients on AI systems for many years and has been involved in more than 200 AI-related health care and labor or employment projects.
Epstein Becker Green’s AI practice group continues to help clients understand how they can apply AI-based technology to their businesses and identify possible harmful outcomes. We have been witnesses to, and participants in, the rapid rise of AI and machine learning, and we advise clients of all sizes on how to develop, leverage, and monetize these technologies and maintain a defensible compliance posture that stays attuned to evolving AI laws and regulations. If clients face matters alleging AI-related harm (whether individual or class action cases or government enforcement actions), our litigators bring to bear the extensive trial experience necessary to build a successful defense or negotiate a favorable settlement.
What Makes Us Different from Other Law Firms Entering the AI Sphere?
The main difference between Epstein Becker Green and other law firms in the AI space is our “three-legged stool” approach. In our minds, the only way to effectively evaluate machine learning algorithms is to have a multidisciplinary, sociotechnical team consisting of:
Data Scientists
who are well versed in the technical challenges of machine learning and designing systems for transparency and effectiveness
Social Scientists
who study the root causes of algorithmic discrimination as the starting point for investigation
Attorneys
who can discern whether the output of an algorithm complies with applicable legal and regulatory standards while maintaining functionality and maximizing potential privilege assertions
Epstein Becker Green also worked with the Better Business Bureau National Programs’ Center for Industry Self-Regulation to assist in the creation of Principles and Protocols for Trustworthy AI in Recruiting and Hiring. Epstein Becker Green was the only law firm involved, and we worked with a coalition of more than a dozen global employers, including Allegis, Amazon, Dentsu Americas, Koch Industries, Microsoft, Qualcomm, and Unilever, to create these principles and protocols.
We advocate at the FDA on behalf of trade groups such as the Clinical Decision Support Coalition and the AI Startups in Health Coalition for improvements in the regulation of AI used in health care.
We have a strongly held philosophy that clients come to us with their problems, and these problems have many dimensions. Clients are best served by multidisciplinary teams that bring together different sets of experiences and points of view. We prize an environment where attorneys, doctors, engineers, marketing experts, health economics experts, government affairs professionals, scientific regulatory affairs professionals, and others come together to develop and execute strategy. To allow that, 20 years ago, Epstein Becker Green created a wholly owned subsidiary, EBG Advisors.
Epstein Becker Green’s AI advisory capabilities are backed by nearly 1,000 projects across hundreds of clients through its collaboration with EBG Advisors. Through EBG Advisors, we work closely with leading data and social scientists to create machine learning models and analyze these models for potential discrimination.
In alignment with the AI Risk Management Framework developed by NIST, EBG Advisors unites data and social scientists to identify and advise on processes that can help reduce bias in AI without being cumbersome or blocking progress.
Altogether, our depth of experience and technical knowledge regarding AI and machine learning is exceptional.
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Why are we so different from other law firms "doing" AI?
Our differences from other law firms attempting to be in the AI space have everything to do with our “three-legged stool” approach. In our minds, the only way to effectively evaluate machine learning algorithms is to have a multi-disciplinary, sociotechnical team with the following expertise:
Indeed, a lawyer’s advice is only as good as their understanding of the facts, and we understand those facts better because we have technical experts on our side.
Our 20-year experience with EBG Advisors (EBGA) means we know how to collaborate with other technical functions. Developed in alignment with the AI Risk Management Framework developed by the National Institute of Standards and Technology (NIST), EBG Advisors unites data and social scientists to identify and advise on processes that can help reduce bias in AI without being cumbersome or blocking progress.
EBG’s AI advisory capabilities is backed by nearly 1,000 projects across hundreds of clients through its collaboration with EBGA. Through EBGA, we work closely with both Mosaic Data Science and Ethics Through Analytics. Mosaic Data Science, a leading data science consulting company, regularly creates machine learning models, and Ethics Through Analytics, a group of social scientists, analyzes these models for potential discrimination.
In addition, EBG has identified over 200 AI-related legal projects that we have handled in the last several years. There aren't many firms in the world who have done more.
Our team has expansive knowledge of the National Institute of Standards and Technology (NIST) Risk Management Framework for AI.
Altogether, our depth of technical knowledge with regard to artificial intelligence and machine learning, and our depth of experience, is unparalleled.
For more information on the types of matters we have handled for clients, please explore the sections below.