Artificial Intelligence
A Multidisciplinary AI Practice Built on Extensive Experience in the Federal Government and in the Private Sector
Artificial Intelligence Team Lead
Contact NickArtificial intelligence (AI) is changing the way that all types of companies do business. As AI becomes mainstream, managing AI-related compliance is becoming increasingly important, with legislatures and regulators across the country (and around the world) doing their best to keep pace with the constantly evolving technological landscape.
Legal Counsel with Significant Experience in the AI Space
Oberheiden P.C. is among the law firms that are leading the way in AI compliance and litigation. We represent companies involved in all facets of the AI ecosystem and work with all types of AI systems, machine learning, and natural language processing technology. From managing regulatory risk to negotiating AI licenses, perform tasks, and from managing copyright and trade secret protection to protecting our clients’ interests in litigation, we have the capabilities required to assist our clients in all aspects of their operations.
Several of our attorneys have significant experience in the AI and deep learning space. This includes not only experience in the private sector, but also prior experience enforcing AI-related compliance at the U.S. Department of Justice (DOJ). The scope of our practice spans from advising companies that are developing new generative and predictive AI technologies to representing AI licensees and working with cloud computing companies and other internet service providers (ISPs).
About Our AI Practice
Within our AI practice, we advise and represent companies in connection with all aspects of compliance, asset protection, licensing, and litigation. This includes (but is not limited to) providing representation in the areas of:
Antitrust Compliance and Enforcement
Companies involved in all facets of the AI ecosystem and AI research must give due consideration to antitrust compliance. State and federal antitrust laws prohibit monopolies and restrict companies from engaging in commercial practices that have other anti-competitive implications. While AI developers and other companies can—and should—protect their exclusive rights through IP registration, licensing, and other means, all companies must be careful to ensure that they are not engaging in prohibited anti-competitive practices. Price fixing, bid collusion, tying arrangements, and other similar types of practices can expose companies to both regulatory enforcement and civil litigation.
Environmental, social, and governance (ESG) compliance remains a key consideration for many technology companies involved in AI development as well as companies that leverage the power of AI in their operations. Our attorneys assist companies with navigating the unique challenges of ESG compliance in today’s regulatory and political landscape and historical data, helping our clients make informed decisions about what is best for their shareholders, employees, vendors, customers, and the industry at large.
Intellectual Property
Intellectual property (IP) and AI go hand-in-hand. While the introduction of AI, generative AI, deep neural networks, and artificial neural networks, in particular, has raised novel questions about what it means to create and own IP in the 21st century, the fundamentals of IP protection, licensing, and enforcement still apply across all segments of the industry. At Oberheiden P.C., we assist AI developers and other clients with IP protection and licensing, and we also provide representation for disputes involving AI licenses and ownership rights. As a federal defense law firm, we are capable of providing representation for clients facing allegations of IP theft related to AI as well.
Licensing and Other Transactions
We assist AI developers, chip companies, cloud computing companies, data center operators, and a wide range of other clients with licensing and other transactional matters in the AI space. Here too, while AI is changing the way companies do business, the fundamentals remain the same—and this makes it imperative for companies to work closely with highly experienced transactional counsel. Along with AI license agreements for commercial and consumer users, we routinely assist clients with preparing and negotiating vendor contracts, joint venture contracts, asset purchase agreements, and a wide range of other contracts as well.
Litigation Involving AI
Due to the complexity of the legal issues surrounding AI and the immense value of AI assets, litigation is inevitable. We have already seen numerous cases of first impression involving novel legal issues in the AI space, and we expect to see many more of these cases in the years ahead. At Oberheiden P.C., our practice is somewhat unique in that not only do we represent clients in business litigation; but, with many of our attorneys having previously worked at the DOJ, we have the experience and insights required to provide effective representation for federal administrative, civil, and criminal enforcement litigation as well.
Privacy Rights
Why is artificial intelligence important? Artificial intelligence presents a variety of unique considerations in the area of privacy compliance as well. While the U.S. has yet to enact broad-based federal privacy legislation, various federal laws apply in specific circumstances, and companies that conduct interstate commerce online must comply with a patchwork of state privacy laws as well. For those that work with foreign companies or engage with private citizens overseas, the E.U.’s General Data Protection Regulation (GDPR) and other foreign privacy frameworks can come into play as well. At Oberheiden P.C., this is another area in which we have specific and extensive experience, and we rely on this experience to help our AI clients effectively manage their privacy-related risk.
Securities Compliance and Enforcement
Since artiecurities compliance and enforcement are key concerns for many companies involved in the AI space as well. From startups seeking to raise capital through crowdfunding and private placements to established companies preparing for initial public offerings (IPOs), we assist companies of all sizes across the full spectrum of federal securities law compliance. We assist companies with federal securities registration and complying for registration exemptions, and we defend our clients against U.S. Securities and Exchange Commission (SEC) scrutiny when necessary.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Industries and Sectors We Serve
While we serve an extremely diverse array of clients, we have particular experience in several industries and industry sectors. When representing clients in these industries and sectors, we rely on our previous experience to hit the ground running and offer invaluable insights—keeping our clients’ legal costs down in the process. Some examples of industries and sectors in which we have particular experience include:
- Financial Technology (Fintech) – We represent a variety of clients in the financial technology (fintech) sector, from startup tech companies to major financial institutions seeking to leverage the power of AI to enhance their operations and better serve their clients. Along with handling AI-related matters for these clients, we handle other fintech-specific matters as well, including everything from Bank Secrecy Act (BSA) and anti-money laundering (AML) compliance to Office of Foreign Assets Control (OFAC) licensing.
- Healthcare – While our firm has grown over the years, we got our start in healthcare. Today, we represent an extremely wide range of healthcare compliance in all areas of compliance, licensing, regulatory enforcement, and litigation. As a result, we are well-attuned to the challenges and risks healthcare entities face on a daily basis, and we rely on these insights, to help our clients make informed and strategic decisions about incorporating AI into their medical practices, durable medical equipment (DME), and other products and services.
- Infrastructure – Headquartered in Texas, we also have extensive experience working with clients involved in infrastructure, including the generation and transmission of all types of energy. Among all industries, AI has the potential to transform infrastructure more than almost any other, and our blend of infrastructure insight and AI experience means that we are well positioned to represent companies both directly and indirectly involved in this space.
- Professional Services – Along with representing doctors and other healthcare professionals, we have experience representing attorneys, accountants, and various other professional service providers as well. As AI presents new opportunities for maximizing both efficiency and client service, many professional service providers have become (or are seeking to become) early adopters. But, using AI in the professional context inherently presents some unique challenges and risks as well, and at Oberheiden P.C. we help professionals address these challenges and manage these risks through a proactive approach to compliance, contract negotiations, and monitoring.
- Technology – Of course, we also represent a wide range of technology companies in the AI space. Here too, our clients range from startups to well-established companies operating around the globe. If your company is involved in the development, hosting, or use of AI in any capacity, our attorneys can help you confidently manage compliance and risk, and we can provide representation for transactional matters and dispute resolution as necessary.
Again, these are just examples. We represent companies in many other industries as well. Regardless of your company’s specific needs, if you are looking for experienced AI counsel, we invite you to contact Oberheiden P.C. to learn more about what we can do to help.
Schedule a Complimentary Initial Consultation at Oberheiden P.C.
If you would like to speak with an attorney in our artificial intelligence (AI) practice group, we encourage you to get in touch. We are more than happy to arrange a call at a time that is convenient for you. To schedule a complimentary initial consultation at Oberheiden P.C., please call 888-680-1745 or tell us how we can reach you online today.
