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Artificial Intelligence: Practical Legal Implications

May 28, 2020

This session will cover aspects such as the implementation of AI in corporate contexts, considering the approaches in the US and in the EU: 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 US and in the EU, that can be applicable to AI and automated decision-making affecting individual privacy? Can AI serve as a tool to uncover discrimination? We will look into a few law cases. 

Once the scene is set, we will discuss the copyrightability of AI-created work and the use of copyrighted materials to train machine learning models and, finally, from a more practical standpoint, discuss some important contract provisions on how to ensure fairness in algorithms, allow testing for AI tracing apps, protect vendors, ensure 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 at the IP and IT teams at Veirano Advogados, in Brazil. He holds a LL.B from PUC-Rio, a Post-graduate Degree in Civil Law from ESA-RJ, and a 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 information technology (IT), intellectual property (IP), 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 30 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 25 years. He is currently the principal of Peter Brown & Associates, a NY law firm concentrating in IT transactions, Litigation and Arbitrations.  He has experience in a variety of litigations relating to the Internet, IT and IP. Mr. Brown 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.  Mr. Brown co-authored the leading treatises Emerging Technologies and the Law and Computer Law.