Artificial Intelligence

Artificial intelligence (AI) is transforming how companies operate, deliver services, and make decisions. But alongside unprecedented opportunities, AI brings complex legal and regulatory challenges. That’s where Epstein Becker Green steps in.

Our lawyers are skilled at providing guidance on the responsible development and implementation of innovative AI technologies, such as machine learning, neural networks, ambient listening, optical recognition, large language models (LLMs), agentic agents, robot process automation, and other emerging AI solutions. We counsel and defend domestic and global organizations of all sizes—from startups to Fortune 100 companies—from all industries.

With multidisciplinary capabilities and over five decades of transactional, regulatory, and litigation experience, Epstein Becker Green can help your company reap the benefits of AI and machine learning technologies while minimizing legal and business risks.

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AI Governance: Ensuring Legal and Ethical Compliance

AI governance is critical to the responsible development and deployment of AI solutions. It isn't just about technology; it’s also about adopting a focused yet prismatic view of the organization developing or deploying AI, as well as legal, regulatory, and ethical impacts of AI to internal and external stakeholders.

Our dedicated technology team includes certified professionals in the areas of privacy, cybersecurity, and AI governance who:

• employ effective AI governance strategies to ensure that clients establish a defensible posture when innovating and implementing cutting-edge technologies,
• leverage their deep experience with traditional and emerging governance frameworks to holistically address the complexities and risks associated with AI, and
• provide advice and counsel around risk management and governance that meet regulatory requirements and are based on industry-recognized best practices and ethical standards.

The Expanding Role of AI Across Industries

Our clients, particularly those in human resources, talent acquisition, health care, digital health, and life sciences, are creating or adopting AI and machine learning applications that substantially affect the products and services they offer and how they do their work. The effect of multi-modal and LLMs cannot be underestimated. AI increasingly impacts aspects of work across industries, including:

• employee recruitment, selection, and evaluation;
• robotic process automation and agentic AI;
• the generation of transactional documents and communications;
• digital marketing;
• consumer support and engagement;
• insight and analytics generation;
• clinical decision support;
• revenue cycle management; and
• the creation of publications ranging from academic papers to works of fiction, graphics, videos, and music.

At Epstein Becker Green, we advise clients on the application of existing legal, regulatory, and enforcement structures to AI in such areas as:

• employment discrimination;
• intellectual property and confidential business information protection;
• product liability;
• medical malpractice;
• the Health Insurance Portability and Accountability Act of 1996 (HIPAA), privacy, and international data protection;
• the ownership of data; and
• the expansive use of governmental enforcement tools, including federal and state false claims acts.

Monitoring the Evolving AI Legal and Regulatory Landscape

As the legal landscape governing AI evolves, Epstein Becker Green attorneys continue to closely monitor developments at the state, federal, and international levels. We actively track AI-related standards and related activity emerging from:

• Congress and state legislatures,
• various federal agencies (including the Equal Employment Opportunity Commission, the Federal Trade Commission, the Department of Health and Human Services, the Securities Exchange Commission, the National Institute for Standards and Technology, and the Cybersecurity and Infrastructure Security Agency),
• state agencies and Attorneys General,
• international bodies (such as the European Union), and
• industry associations.

While the opportunities for improvement and efficiencies with AI technologies are great, the compliance challenges posed by them are even greater with respect to risk analysis, regulatory compliance, litigation defense, and post-event resilience. Our attorneys counsel clients on how to develop, leverage, and monetize AI and machine learning technologies and how to maintain a defensible compliance posture that stays attuned to evolving AI laws and regulations.

AI’s Impact on Health Care Services and Reimbursement

Generative AI and machine learning applications are already transforming how diseases are predicted, diagnosed, and treated. AI drives dramatic advances in robotic surgery, remote telehealth services, and smart hospital rooms. It also revolutionizes the administrative side of health care revenue cycle management, particularly the billing, coding, and reimbursement of claims to governmental and private payers, as well as coverage determination made by such payers. Deficient AI governance in these contexts can increase qui tam and false claims risks as well as implicate potential discrimination in coverage determinations.

Clients rely on Epstein Becker Green’s extensive regulatory, arbitral, and trial experience to guide the development and marketing of AI solutions (including approval by the Food and Drug Administration (FDA) and other federal and state agencies) with an eye towards commercialization and reimbursement. As revenue cycle management increasingly incorporates AI, we help clients navigate the regulatory complexities of coverage and payment, including defending clients in the face of alleged AI-related harm or fraud (whether individual or class action cases or government enforcement actions).

In addition, we partner with non-lawyer consultants and advisors from our affiliate, EBG Advisors, and National Health Advisors (NHA), a strategic relationship between EBG Advisors and lobbying firm The National Group, to advise health care clients on AI issues involving business strategy, policy analysis, data analytics, regulatory compliance, privacy and data protection, performance improvement, and payment/reimbursement for services and technology.

AI in the Workplace: Opportunity and Disruption

The use of AI in human resources and labor management decision-making is fraught with the risk of inaccuracy and bias. With increased reliance on AI at every stage of the employment process—from recruitment, hiring, evaluations, job assignments, and promotions to compensation and benefit design and administration—taking place within a wide range of industries, the opportunities presented by the use of these helpful new tools are matched only by their reputational, ethical, and legal risks. Without properly vetting and examining AI and machine learning tools and their underlying training data, subjective biases and unlawful discrimination might infiltrate workplace processes and decisions, thus exposing a business to potential liability for unintended discrimination, as well as harm to the brand. Also, new and emerging regulations impose additional compliance obligations on vendors and employers using AI and machine learning tools.

Through EBG Advisors, we offer both developer and user algorithm bias testing services, as well as a full range of legal and consulting services, to help mitigate bias while preserving AI utility and effectiveness.

Data Privacy and Cybersecurity: Safeguarding AI Applications

AI applications require access to an ever-increasing universe of data, including confidential, proprietary, or sensitive personal information. In the absence of appropriate data and AI governance, this insatiable need for high-quality, high-variety, and high-velocity data to develop, train, validate, and test AI solutions can magnify risks related to infringement, error, bias, privacy, and cybersecurity. For example, the operation of the audio and video recording functionality of AI, as well as fingerprint, retinal, and facial scanners, used for everything from providing geolocation to timekeeping to wellness program participation, might violate federal and/or state laws and regulations related to privacy, biometric privacy, or consumer protection. Further, the collection and use of patient data in the context of AI could give rise to violations of HIPAA. The collection, transfer, and use of personal data across international contexts may also raise considerations under international data protection frameworks.

Clients have long trusted Epstein Becker Green to:

• create and administer effective compliance programs to address existing and emerging legal, regulatory, and contractual requirements;
• advise on how to properly collect, store, process, and protect sensitive employee, patient, and personal data; and
• provide guidance on how to reduce the risk of unauthorized access by third parties or data breaches.

Epstein Becker Green routinely draws on its long-standing experience in privacy and cybersecurity laws and standards, nationally and internationally, when counseling clients on AI governance matters.

Mitigating Risks in AI Software Development and Use

When creating AI software, companies face numerous risks. In addition to the potential for violating data privacy and cybersecurity laws, perpetuating or amplifying biases, or causing harm or erroneous decisions, AI software development and use could infringe on intellectual property rights.

Our team—which includes attorneys at Epstein Becker Green with special credentials (AIGP Certification) and data science consultants from EBG Advisors—has deep technical experience with the mechanics of supervised and unsupervised machine learning, as well as deep learning and other AI algorithms. Our level of know-how enables us to work with companies developing and adopting AI software, ensuring appropriate validation that the software performs as intended and complies with applicable contract requirements, regulations, and intellectual property protections.

Transforming Your AI Business Vision into Reality

At Epstein Becker Green, we don't just handle one-off AI transactions—we partner with emerging and well-established businesses to architect their AI future. Clients call on us to:

• help them navigate critical "build, rent or buy" decisions and other aspects throughout the AI life cycle;
• guide them through every stage of business development, including start-up capitalization, strategic growth, and acquisition, merger, or sale; and
• deliver growth-focused and strategic legal counsel that minimizes legal risks, operational challenges, and regulatory hurdles.

Our multidisciplinary team of seasoned lawyers from Epstein Becker Green and strategic consultants from EBG Advisors brings deep industry knowledge with the aim of creating AI strategies that lead to business-friendly outcomes and long-term value. Having advised stakeholders across all sides of the investment spectrum, we offer tailored support for clients throughout their entire path to success.

Strategic Legal Counsel for AI Business Growth

When you bring Epstein Becker Green into your AI business growth journey, you're securing boutique-level focus and attention powered by the resources of a leading professional services firm. Our decades of experience nurturing businesses across diverse sectors—health care, financial services, media and entertainment, technology, retail, real estate, energy, cannabis, manufacturing, infrastructure, insurance, and education—provide a strategic perspective that directly benefits your bottom line.

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