MoFo Tech

August 10, 2023 - Artificial Intelligence + Robotics
High Walls and Small Gardens: Biden Administration Unveils Outbound Investment Screening
By: James M. Brower, Brandon L. Van Grack, Charles L. Capito and Joseph A. Benkert
On August 9, 2023, President Biden issued a long-anticipated executive order (EO) to address investments by U.S. persons in companies that engage with certain categories of technology and products located in the People’s Republic of China. Read our client alert.
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July 24, 2023 - Artificial Intelligence + Robotics
AI Leaders Commit to White House Supported Guidelines
By: Tessa J. Schwartz
In coordination with the White House , several leaders in the artificial intelligence (AI) space have publicly committed to a voluntary set of guidelines relating to responsible development and deployment of AI. Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI made immediate public commitments
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May 15, 2023 - Artificial Intelligence + Robotics
Generative AI and Copyright: Roundtable Series Recap
By: Justin H. Haan, Joseph C. Gratz, Anthony M. Ramirez, Aaron P. Rubin, Stephanie Lynn Sharron, Roman A. Swoopes and Heather M. Whitney
Throughout April, Morrison Foerster sponsored and participated in a series of roundtable discussions hosted by Creative Commons regarding generative AI and copyright. The roundtables—in Boston, New York, and San Francisco—brought together in-house counsel from companies developing generative AI tools, scholars, business leaders, and nonprofit advisors.
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May 03, 2023 - Artificial Intelligence + Robotics
New York City AI Law: Trials, Tribulations, And Uncertainties
By: Miriam H. Wugmeister, Michael Schulman and Sadé V. Tidwell
New York City (NYC) is the first U.S. jurisdiction to pass an expansive law regulating the use of artificial intelligence (AI) in hiring. Local Law 144 of 2021 (LL144) prohibits employers and employment agencies from using an automated employment decision tool (AEDT) to make
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April 27, 2023 - Artificial Intelligence + Robotics
FDA Publishes Draft Guidance for Predetermined Change Control Plan for AI/ML-Enabled Device Software Functions
By: Brigid DeCoursey Bondoc and Brandy A. Guarda
On April 3, 2023, FDA released the draft guidance titled “ Marketing Submission Recommendations for a Predetermined Change Control Plan for Artificial Intelligence/Machine Learning (AI/ML)-Enabled Device Software Functions ” (hereinafter “draft guidance”) proposing an approach to support iterative improvement through modifications to a machine
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April 26, 2023 - Artificial Intelligence + Robotics
10 Considerations When Licensing AI For Drug Discovery
By: Stephanie Lynn Sharron, Annalisa Elizabeth Cooper, Wolfgang Schönig and Robert Grohmann
Stephanie Sharron, Annalisa Cooper, and Wolfgang Schoenig, with assistance from Robert Grohmann, authored an article for Law360 explaining the top ten considerations when licensing AI for drug discovery. The ten considerations are: Consider the nature of the services being provided. Be mindful of IP
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April 25, 2023 - Artificial Intelligence + Robotics
Key Issues in Generative AI Transactions
By: Aaron P. Rubin and Heather M. Whitney
Over the past year, we have seen a dramatic increase in the adoption of AI technologies across industries. Because transactions involving AI technologies can resemble those involving traditional software, like SaaS agreements, parties often assume that their expectations from those standard agreements about what
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April 11, 2023 - Artificial Intelligence + Robotics
Responsible AI as Part of a Company's ESG Framework

By: Susan H. Mac Cormac, Stephanie Lynn Sharron and Oluwabamise A. Onabanjo
Suz Mac Cormac, Stephanie Sharron, and Oluwabamise Onabanjo authored an article for the Daily Journal explaining how Responsible AI (artificial intelligence) practices in combination with Environmental, Social, and Governance (ESG) frameworks can be applied both to mitigate risk and support a corporation's ESG goals.
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March 28, 2023 - Artificial Intelligence + Robotics
Generative AI and Copyright: Conference Recap
By: Justin H. Haan, Joseph C. Gratz, Allyson R. Bennett and Heather M. Whitney
On March 24, thought leaders in the technology and entertainment industries gathered in Los Angeles and virtually for Creative Commons’ Disruption Conference. The daylong event, which was sponsored by Morrison Foerster, focused on how the rights of content creators are being transformed as generative AI
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March 15, 2023 - Artificial Intelligence + Robotics
GPT-4 Release: Briefing on Model Improvements and Limitations
By: Tessa J. Schwartz, Justin H. Haan and David Fang
On March 14, 2023, OpenAI—a MoFo client—released GPT-4, which quickly garnered broad media coverage. For those assessing the opportunities and risks related to GPT-4, it is useful to consider the extent of the stated technical and safety improvements and the limitations of the release.
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