Artificial Intelligence Law | McDermott

McDermott Will & Schulte, a global law firm

Artificial Intelligence

Law Center

Given the hype around artificial intelligence and the expectations for it to be widely used, it is important to understand the legal implications of these new technologies. Our cross-practice team is closely monitoring the evolution and continued development of AI, including the legal implications and business impacts. This resource center will remain updated with the latest information and insights from our team.

Subscribe now to receive updates, and please get in touch with us to discuss any issues facing your business.

AI Toolkit – Your Resource for a Strong AI Foundation

Available on demand, our AI Toolkit is designed to help companies in any industry address the strategic, legal, ethical, regulatory, and governance considerations raised by AI and establish a strong foundation for AI governance within their organizations.

AI-Toolkit-Web-Graphic_Teal

AI Law and Business

This comprehensive treatise offers a forward-looking perspective on how US and international laws are adapting as AI continues to evolve at an extraordinary pace.

AI-Law-Business-Book-Image-1

AI and the Next Frontier: Understanding What’s Ahead

Learn proactive steps leaders can take to position their companies and their people for AI success in the year ahead, inlcluding:

  • Summaries of AI’s implications across business and transactions, privacy and cybersecurity, IP, antitrust and consumer protection, employment, healthcare and insurance
  • Governance and policy considerations to guide AI use within your organization and effectively engage in the regulatory process
  • Practical breakdowns of AI technology, risks and organizational responsibilities to help deepen your understanding and plan for the future
AI-Fall-2023-Webinar-Series-Report-Thumbnail-Image-1
Areas of interest

Digital Infrastructure

Our Digital Infrastructure team is here to help you through the unique challenges and opportunities within AI that digital infrastructure and communications network providers face. We help developers, operators, and investors build digital connectivity and infrastructure to take advantage of the transformative opportunities. With more than three decades of combined experience, our lawyers understand the important role hardware, software, connectivity, data centers, and power play in these transactions. Learn more about how we can power your digital infrastructure goals.

Shot of Data Center With Multiple Rows of Fully Operational Server Racks. Modern Telecommunications, Artificial Intelligence,server room,3d rendering

AI in healthcare

Stay up to date on the state of Artificial Intelligence (AI) in healthcare with our AI in Healthcare resource center. Designed to help you maximize the value of data and AI with an eye toward compliance in this rapidly evolving regulatory landscape, we’ve compiled key resources from legislative and executive bodies, government agencies, and industry stakeholders around the world in one convenient place so you can stay current on these important issues and actively shape the AI policy landscape.

Healthcare-AI-Resource-Center-–-Feature
Events
Insights & resources

New executive order shifts US AI policy toward national security, June 9, 2026

New York’s synthetic performer disclosure law: What advertisers need to know, June 9, 2026

Illinois advances frontier AI transparency and audit requirements, June 8, 2026

From data to deals: AI’s impact on life sciences investing, June 2026

Colorado AI law in flux: Comprehensive replacement bill signed after federal court blocks predecessor’s enforcement, May 27, 2026

State regulation of algorithmic and AI-driven pricing: Implications for healthcare companies, May 6, 2026

Ready, set, press pause: Legal risks and best practices to implement before recording with an AI scribe, March 27, 2026

Artificial Intelligence: Stay Ahead of the Curve

Using AI without waiving privilege: Lessons from United States v. Heppner, February 19, 2026

Regulation of cryptoassets in the UK reaches the final stage, February 12, 2026

FDA loosens the reins: New AI and wearables guidance, January 12, 2026

A smarter approach to evaluating AI life sciences investments, December 18, 2025

White House executive order moves to restrict state AI legislation, December 16, 2025

EU proposes sweeping reforms to the GDPR, cookie rules, Data Act, and breach reporting, November 24, 2025

White House releases “America’s AI Action Plan,” July 25, 2025

State laws on AI hiring tools persist after One Big Beautiful Bill Act, July 15, 2025

No sate AI law moratorium in One Big Beautiful Bill Act, July 8, 2025

Anthropic and Meta fair use rulings on AI model training, June 27, 2025

House Budget Reconciliation Bill Would Delay State AI Regulation, June 10, 2025

Colorado Fails to Amend Groundbreaking AI Law: What Happened and What’s Next, May 15, 2025

Risk Management in the Modern Era of Workplace Generative AI, May 8, 2025

Market Update: Investments in Healthcare Education on the Rise, May 6, 2025

Short of Human: Preparing for Market Manipulation Risks of Generative AI, April 23, 2025

California AG Issues Two AI Legal Advisories, February 5, 2025

AI and the Law: Emerging Trends in Enforcement, December 19, 2024

Hospitals and Health Systems Summit 2024: Session Recaps | AI in Action: Transforming Health Systems Through Innovation, October 16, 2024

Texas AG’s Landmark AI Settlement: A Wake-Up Call for Health Tech & AI Companies, September 27, 2024

AI Takeover: PTO Issues More Patent Eligibility Guidance for AI Inventions, July 25, 2024

State Regulators Address Insurers’ Use of AI: 11 States Adopt NAIC Model Bulletin, June 4, 2024

How the Utah Artificial Intelligence Policy Act Impacts Health Professionals, April 23, 2024

New Guidance Addresses Use of AI Systems, Tools in Practice Before the PTO, April 18, 2024

The Impact of the New EU AI Act on the Medtech and Life Sciences Sector, April 15, 2024

FDA Charts Course for Regulating AI Used in Medical Products, April 10, 2024

The AI Act: The EU’s Bid to Set the Global Standard for AI Regulation, March 13, 2024

FCC Requires Consent for AI-Generated Cloned Voice Calls, February 13, 2024

NYDFS Issues Proposed Guidance on AI and External Consumer Data Use, January 30, 2024

World’s first Artificial Intelligence Regulations Established – Council and Parliament Reach Historic Accord on Pioneering Artificial Intelligence Act, December 11, 2023

Author or Algorithm: Recent Developments at the Intersection of Generative AI and Copyright Law, September 14, 2023

The EU Artificial Intelligence Act: What’s the Impact?, July 31, 2023

ChatGPT: A GDPR-Ready Path Forward?, April 21, 2023

AI Advertising: The FTC Prepares for Battle, March 7, 2023

In the news
Legislative activity

United States

  • Summary: On February 20, 2024, Speaker of the House Mike Johnson (R-LA) and House Democratic Leader Hakeem Jeffries (D-NY) announced the creation of a bipartisan Task Force on Artificial Intelligence (AI). The task force consists of 24 members representing key committees of jurisdiction, with 12 appointed by each party leader. It will be jointly led by Chair Jay Obernolte (R-CA) and Co-Chair Ted Lieu (D-CA) and, according to the announcement, is tasked with producing a comprehensive report that will include guiding principles, forward-looking recommendations and bipartisan policy proposals developed in consultation with committees of jurisdiction. Obernolte also specified in the announcement that the report is expected to detail the regulatory standards and congressional actions needed to both protect consumers and foster continued investment and innovation in AI. The timing of the report was not specified.
Policy initiatives

United States

  • Summary: The US Department of Commerce announced three actions it is taking to implement President Biden’s Executive Order on the Safe, Secure and Trustworthy Development of AI (EO). First, the department’s National Institute of Standards and Technology (NIST) released four draft publications, including draft guidance documents, intended to improve the safety, security and trustworthiness of AI systems. Second, NIST launched NIST GenAI, a challenge series to support development of methods to distinguish between human-produced and AI-produced content. Third, the department’s US Patent and Trademark Office (USPTO) published a request for public comment on how AI could affect whether an invention is patentable under US law due to changes in how the level of ordinary skills in the arts are evaluated. Read the full Department of Commerce announcement.
Get in touch

Key contacts

Shawn C. Helms

Partner

Dallas

Jason D. Krieser

Partner

Dallas

Jiayan Chen

Partner

Washington, DC

Contributors

H. Michael Byrne

Partner

New York – One Vanderbilt Avenue

Jennifer S. Geetter

Partner

Washington, DC

Michael G. Morgan

Partner

Los Angeles, Silicon Valley

Kristen O'Brien

McDermott+

Washington, DC

David P. Saunders

Partner

Chicago