Artificial Intelligence (AI) has arrived. While employers are embracing the AI transformation, employers must also balance between the potential legal and reputational risks of AI. Every employer should have an AI use policy in place in order to enhance productivity and performance, as well as reduce risk.
Below are AI use policies and procedures that must be addressed:
- Permitted and prohibited AI usage. Employers must provide employees with guidance as to permitted and prohibited utilization of AI.
- Employee required disclosure. Employers should require employees to disclose how they are using AI, and whether an employee is required to seek approval before using AI. AI utilization should be approved by employers before an employee commences with their AI usage.
- The trade secrets protection of information. With employee AI utilization, employers run the risk of potential disclosure of trade secrets and other confidential company information.
- Discriminatory usage. Employers should be aware of employment bias and discriminatory practices with AI usage, including the violation of Title VII and the EEOC.
- AI ownership. Employers should be aware that employee usage of publicly available AI is subject to AI protected trade secret and copyright infringement.
The failure of an employer to adopt an AI policy has enormous risks and substantial consequences. All employers should consult with an AI attorney before they attempt to implement.
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Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.
As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.
