Artificial Intelligence

Dunlap Bennett & Ludwig represents aircraft and component manufacturers and suppliers, defense contractors, research and development organizations, and contractors and subcontractors in transactions, litigation, and regulatory matters. Our clients include leaders in the aerospace industry and defense industry as well as emerging companies and startups.

We serve a broad range of clients, including the following:

• AI software developers, foundation model companies, and machine learning infrastructure providers
• Enterprises integrating AI tools into operations, customer service, hiring, lending, healthcare, and other regulated functions
• AI-enabled SaaS platforms, autonomous systems developers, and robotics companies
• Data brokers, annotation services, and synthetic data providers that support AI training pipelines
• Venture-backed AI startups and private equity-backed technology companies

WHAT WE DO

Our lawyers have counseled clients at every stage of the AI lifecycle, from entity formation and go-to-market strategy to complex litigation and regulatory proceedings and multimillion-dollar exit transactions.

AI governance, regulatory compliance, and risk management

• Develop enterprise AI governance frameworks, acceptable use policies, and model risk management programs
• Advise on compliance with emerging federal and state AI regulations
• Counsel on sector-specific AI regulations in healthcare, financial services, employment, and housing
• Conduct AI impact assessments and readiness reviews for high-risk AI deployments
• Offer guidance on algorithmic transparency, explainability requirements, and human oversight obligations
• Design and implement incident response plans for AI failures, model drift, and harmful output events
• Represent clients in FTC and state attorney general inquiries into deceptive AI practices and algorithmic harm

Data strategy, privacy, and AI training compliance

• Advise on lawful data acquisition, web scraping legality, and data licensing for AI training
• Draft and negotiate data supply agreements, annotation contracts, and synthetic data licensing arrangements
• Ensure compliance with the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), and state biometric privacy laws
• Conduct privacy impact assessments for AI systems that process personal data
• Counsel on consent frameworks, data minimization obligations, and opt-out rights as they apply to AI training and inference
• Review cross-border data flows, adequacy decisions, and standard contractual clauses for international AI deployments
• Develop vendor agreements with embedded data protection, confidentiality, and model training restriction clauses
• Represent clients in data breach litigation and regulatory investigations arising from AI system vulnerabilities

Intellectual property strategy and enforcement for AI companies

• Prosecute patents on AI systems, machine learning methods, training processes, and AI-enabled products
• Advise on copyright ownership and authorship questions for AI-generated content, code, and creative works
• Protect trade secrets embedded in model architectures, training datasets, fine-tuning methodologies, and proprietary algorithms
• Structure AI model licensing agreements, API access terms, and open-source compliance programs
• Defend against IP infringement claims arising from model training on third-party copyrighted content
• Audit AI systems for potential IP exposure from training data, output similarity, and embedded third-party content
• Handle trademark and brand protection matters for AI product names, interfaces, and generated outputs
• Represent clients in IP disputes before the U.S. Patent and Trademark Office (USPTO), Copyright Office, and federal courts

AI contracts, licensing, and commercial transactions

• Draft and negotiate AI model development agreements, technology transfer agreements, and joint development arrangements
• Review and negotiate terms with cloud AI infrastructure providers, including AWS, Microsoft Azure, and Google Cloud
• Advise on API licensing, model-as-a-service agreements, and embedded AI product terms
• Structure and document AI-enabled software development agreements, including liability allocation for model outputs
• Counsel on open-source AI licensing obligations and compliance with model licenses (including LLaMA, Mistral, and Apache 2.0 frameworks)
• Advise on AI procurement agreements for enterprises deploying third-party AI tools in regulated industries
• Draft AI partnership agreements, revenue-sharing arrangements, and output ownership provisions
• Support AI mergers and acquisitions, including technical due diligence on model ownership, training data provenance, and regulatory exposure

Consumer protection, product liability, and AI litigation

• Defend class actions involving AI-generated misinformation, discriminatory algorithmic outputs, and automated decision-making harms
• Represent clients in claims under Section 5 of the FTC Act, the Equal Credit Opportunity Act, the Fair Housing Act, and state consumer protection statutes as applied to AI systems
• Advise on product liability exposure for AI-enabled devices, autonomous systems, and AI-assisted professional services
• Respond to regulatory enforcement actions targeting AI bias, unfair practices, and deceptive AI-generated marketing
• Handle defamation, right of publicity, and deepfake-related claims involving AI-generated content
• Defend against claims arising from AI hallucinations, inaccurate outputs, and reliance injuries
• Counsel on disclaimer language, limitation of liability provisions, and user agreement design to reduce AI output liability

Employment, workforce AI, and human capital compliance

• Advise on legal compliance for AI tools used in hiring, performance management, termination, and promotion decisions
• Ensure compliance with Equal Employment Opportunity Commission (EEOC) guidance and state and local laws on the use of AI and automated tools in decision-making
• Advise on workforce displacement, retraining obligations, and collective bargaining implications of AI adoption
• Draft AI acceptable use policies for employees and contractors, including policies on generative AI use in work product
• Counsel on employee monitoring, productivity AI tools, and applicable state privacy and wiretapping laws
• Represent employers in EEOC charges and employment litigation involving AI-assisted HR decisions