Artificial Intelligence: Practical and Legal Implications

May 28, 2020

A recording of this webinar is available to watch online

Diana J. P. McKenzie participated as a panelist in this webinar by the International Technology Law Association (ITechLaw) on May 28, 2020. The webinar covered aspects such as the implementation of AI in corporate contexts and considered the approaches in the United States and in the European Union. It also answered questions such as: Can AI assist corporate boards in decision-making processes? What about the use of AI as a tool to support HR departments in their hiring process, for performance monitoring and to avoid discrimination? What are the current government actions, in the United States and in the European Union, that can be applicable to AI and automated decision-making affecting individual privacy? Can AI serve as a tool to uncover discrimination?

The speakers also discussed the copyrightability of AI-created work and the use of copyrighted materials to train machine learning models. From a more practical standpoint, they discussed some important contract provisions to ensure fairness in algorithms, allow testing for AI tracing apps, protect vendors, ensure the privacy and security of individuals, and impose limitation of liabilities and compensation for consequential damages related to actions or omissions arising from the use of AI.


Fábio Pereira, Veirano Advogados, Brazil, Moderator
Fábio Pereira is a partner in the intellectual property (IP) and information technology (IT) teams at Veirano Advogados in Brazil. He holds an LL.B from PUC-Rio, a post-graduate degree in Civil Law from ESA-RJ, and an LL.M in IP from Queen Mary, University of London. Fábio has authored several articles in the fields of IP and IT. He has worked as an in-house counsel for TV Globo and for the Roberto Marinho Foundation and as a Legal Affairs & IP Manager for UCLH in England. Fábio is recognized by Chambers & Partners as an Expert Based Abroad for the UK, by Legal 500, and by Who’s Who Legal as an expert in IP and IT.

Diana McKenzie, HunterMaclean, United States
Diana McKenzie is partner and chair of HunterMaclean’s information technology and outsourcing practice group. She is internationally recognized for her work in information technology and outsourcing matters. Diana graduated from Kenyon College, magna cum laude, with honors in Political Science in 1981. She earned both her M.B.A. and J.D. from Emory University in 1985. Prior to joining HunterMaclean, she practiced at a major Chicago law firm where she founded and ran the IT practice group. Other leadership experience includes running the U.S. contracting for one of the top health care technology vendors. Diana is a Past President of ITechLaw.

Dirk Spacek, CMS Zurich, Switzerland
​Dirk Spacek is a partner in the TMC/IP-Department of CMS von Erlach Poncet Ltd., Switzerland. His areas of practice include all legal aspects of IT, IP, and data protection, as well as general contract and commercial matters in the digital space. He primarily advises companies of the media, technology, and industry sector as well as financial institutions on technology-related matters.

Lisa Oratz, Perkins Coie, United States
Lisa Oratz has been practicing for over thirty years in the areas of technology, IP, and entertainment law and focuses on emerging technologies, such as artificial intelligence. Her clients range from large industry leaders to small, cutting edge start-ups, and she has extensive experience with complex commercial contracts, including development, collaboration, strategic partnership, and license agreements. Lisa’s practice includes privacy and IP counseling and entertainment related matters. She is a frequent speaker on intellectual property, data licensing, and contract issues relating to artificial intelligence.

Peter Brown, Peter Brown & Associates PLLC, United States
Peter Brown has focused on information technology matters for over twenty-five years. He is currently the principal of Peter Brown & Associates, a New York law firm concentrating in IT transactions, litigation, and arbitrations. He has experience in a variety of litigations relating to the Internet, IT, and IP. Peter acts as an arbitrator and mediator on IT and IP matters. He has served on over seventy matters relating to technology and intellectual property. The Best Lawyers in America® publication honored him as the “Lawyer of the Year” in Information Technology Law 2018 for New York. Peter co-authored the leading treatises Emerging Technologies and the Law and Computer Law.

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