Artificial Intelligence (AI)
About
Artificial Intelligence—including most recently Generative AI—is driving transformative and disruptive change. White & Case advises and represents clients throughout the entire AI ecosystem, helping them navigate the legal, commercial and technical complexities of this fast-evolving technology.
Advising across the AI technology stack
Our team of specialized lawyers represents businesses across the AI tech stack including those investing in, developing or adopting:
- Applications: Applications and other tech leveraging foundational AI technology
- Models: Foundational AI technology (including foundation models, such as large language models and large data sets)
- Infrastructure: Critical AI infrastructure powering such foundational AI technology and the applications and other technologies leveraging them
Key AI trends
White & Case's experience advising some of the world's largest AI developers provides us with unique insights into the key trends and legal considerations with respect to AI technology.
Key trends influencing any business’s AI journey include:
Transformational transactions with unique considerations
AI is driving big-ticket deals and strategic partnerships across the AI tech stack, in transactions requiring sophisticated due diligence, enhanced contractual and technological protections, and more complex clearances. The increased demand for digital infrastructure is also generating major investments in data centers and chips (such as GPUs), giving rise to trade/export controls, supply chain, and ESG challenges. Such transactions require integrated and seamless cross-practice legal support from specialists who understand the technology, the market and the industry.
Greater regulatory scrutiny and government intervention
Guided by laws, regulations and executive instruments old and new (e.g. EU AI Act, Executive Orders in the US and trade sanctions directives), governments and regulatory bodies are increasing their scrutiny at all layers of the AI tech stack. This results in increased compliance risk and enforcement activities for developers and adopters alike (and more complex due diligence considerations for buyers and investors), in particular with respect to privacy, security, intellectual property, rights of personality, ethical use and anti-discrimination, antitrust, labor and consumer protection. Legal guidance is crucial to navigate the complex and fragmented global regulatory landscape and avoid potential penalties.
Increased liability for developers and adopters
Companies also face growing civil (and sometimes even criminal) liability as new and old laws are applied to AI technologies, their functions and/or outputs, including in connection with product liability, data protection, cybersecurity, IP infringement, contractual breaches, misrepresentations, directors' duties and disclosure obligations, antitrust considerations (e.g., algorithmic collusion), discrimination and consumer protection. Strong proactive measures and effective response/defense strategies are needed to protect businesses’ interests.
Comprehensive AI offering
Our 360-degree AI capabilities—which draw on virtually all of our practice areas—cover legal needs across:
Transactions
We provide full-service and cross-border representation on matters ranging from strategic investments, M&A, private equity and joint ventures, to financings and capital markets transactions in connection with AI companies, products and infrastructure, including antitrust and merger control, FDI/CFIUS and related trade issues. We also advise on sophisticated cross-platform or technology collaborations, integrations and strategic alliances, including complex licensing and data-sharing agreements, as well as all other types of AI-related technology agreements.
Strategic advisory
We leverage our multidisciplinary capabilities to assist clients in navigating complex global regulatory frameworks. We provide in-depth product counseling and devise holistic compliance strategies that integrate various critical aspects such as privacy, antitrust, intellectual property, cybersecurity, trade, content and consumer protection standards, in addition to the growing body of AI regulations. We also develop internal and external AI policies and procedures to ensure the safe and effective delivery of AI services and products, including with respect to bias and discrimination, consequential decisions and related issues.
Disputes & Investigations
We leverage our extensive experience representing clients in tech regulatory investigations from the EU Commission, US Department of Justice or Securities and Exchange Commission, as well as defending intellectual property, data privacy, consumer protection, antitrust and commercial litigation cases before courts, other tribunals and via arbitration worldwide, to represent clients in all types of AI-related disputes (including in data centers construction disputes).
Digital infrastructure
We have a dedicated, international data center team comprising experts who understand the full spectrum of legal issues relating to data centers, i.e. construction, engineering, supply, financing, operation, leasing and customer contracting as well as power procurement, planning, emissions legislation, facilities management and related ESG challenges. We also advise on complex trade issues relating to the infrastructure and components powering AI technology (e.g., semiconductors/GPUs), including export controls/sanctions, supply chain regulations, FDI screening, free trade agreements, and data localization measures.
Our multidisciplinary Artificial Intelligence group comprises 80 lawyers around the world. View our key AI contacts here.
AI experience highlights
Compliance with new regulations
We are actively monitoring emerging AI regulations around the world, and advising numerous clients on pragmatic compliance measures and risk-mitigation strategies, including, in relation to:
- The EU AI Act, and how to interpret its many less-than-clear provisions
- The impact of the White House Executive Order on AI and Blueprint for an AI Bill of Rights in the US, in addition to new AI state laws (e.g., Colorado AI Act, California AI laws and Illinois law) and existing US state privacy law affecting AI
- Forthcoming regulatory regimes in the UK, China, Korea, Japan, Australia, and Brazil, among others
Antitrust litigation
We are defending luxury hotel company Four Seasons Hotels Limited in a class action antitrust litigation alleging that Four Seasons and others used revenue management software and algorithmic pricing to conspire to raise hotel room prices.
AI investigations
Our White Collar team is representing three AI companies in "AI washing" investigations by the US Securities and Exchange Commission and the US Department of Justice in connection with various claims, including the alleged misrepresentation of their AI capabilities.
AI policies & product counseling
We advised Scale AI, a leader in delivering high-quality training data for AI applications, on a wide variety of privacy, product and commercial-related matters on a global scale.
For a global tech company, we conducted a comprehensive assessment of current and potential competition policy issues regarding Generative AI on a global scale.
M&A, investments & strategic transactions
We represented Softbank in a number of investments in AI companies, including AnyVision, Tractable, and Envelop Risk.
We represent a global pharma company in connection with their inaugural Generative AI program, including procuring cutting-edge GenAI products (including for digital avatars) and content to be used in connection therewith (including for information personalization).
Data centers
We represented Vantage Data Centers, a leading global provider of hyperscale data center campuses, in connection with obtaining a US$3 billion multi-asset-based revolving credit facility that won "Digital Infra Financing of the Year" at the 2024 TMT M&A Awards USA.
We also represented a Europe-based data center operator in the acquisition of two pieces of land in Jakarta for the development of BTS hyperscale data centers for one of the largest global cloud service providers.
AI education and community
When it comes to AI, it can be hard to know where to begin. White & Case delivers accredited trainings on AI, and has developed various resources for our clients, including:
AI Watch: Global regulatory tracker
Keeping track of AI regulatory developments around the world
EU AI Act enforcement timeline
AI Considerations in Acquisition Agreements
White & Case practice note published on LexisNexis.com
View all White & Case AI publications
We will also gladly share how the Firm is leveraging AI and GenAI to enhance our internal operations and the way we deliver our legal services.
Our AI team frequently engages with the global AI community at landmark conferences and through exclusive membership networks like The L Suite (TechGC).
In short, we are as excited as you to meet the challenges of AI and to help you harness its full potential.
Experience
Provided Agile Stacks, Inc., a company providing a DevOps automation platform for cloud infrastructure and machine learning, with corporate counseling advice related to investments.
Represented Alibaba, a leading Chinese multinational technology company, in its serial equity investments, including investment in Megvii, a Chinese AI company specializing in face recognition and deep-learning software, and investment in SenseTime, a leading global artificial intelligence company.
Represented Anduril Industries, Inc., a United States (US) national security technology innovator that builds AI-powered surveillance and defense systems, in the establishment of a United Kingdom (UK) business and the engagement of consultants and employees.
Represented an Automotive Services Technology Company in its pivot and transfer of AI technology to Continental AG, a German multinational automotive parts manufacturing company that produces, markets and sells intelligent systems for improving driving safety and vehicle dynamics.
Represented Bardeen Inc., a leading US AI automation platform company that provides a no-code automation tool to streamline workflow and automates repetitive tasks, in its US$18.8 million Series A equity financing round, in addition to provision of general corporate and IP advice.
Represented special purpose acquisition company BYTE Acquisition Corp. in its US$225 million business combination with Airship AI Holdings, Inc., a robust AI-driven edge video, sensor and data management platform for government agencies and enterprises, which will result in Airship AI being listed on Nasdaq.
Represented CrowdStrike, a US cybersecurity technology company providing endpoint security, threat intelligence and cyberattack response services, in a US antitrust litigation concerning industry-testing standards for AI-enhanced cybersecurity endpoint detection products, resulting in a successful outcome for the company.
Represented Datalogic S.r.l., a subsidiary of Euronext STAR Milan-listed Datalogic S.p.A., in the acquisition of the entire share capital in PEKAT s.r.o., a Czech company that develops proprietary machine and algorithm learning for application in supply chains and industrial automation.
Provided Turkish data privacy law advice to Enlitic, Inc., a pioneer in medical deep learning that leverages proprietary algorithms to quickly and accurately improve healthcare diagnoses, within the scope of its partnership with MLP Care, the largest private hospital chain in Türkiye.
Advised Intelliterra, a next-generation platform for AI-designed wireless remote area connectivity, on laws and regulations governing US export control issues such as International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR).
Advised JPMorgan Chase on the development of an AI-powered natural language regulatory monitoring tool.
Represented Kakaku.com, Inc., as the lead investor, in the US$7.2 million Series B financing round of TabSquare Pte. Ltd., a Singapore-based restaurant management platform provider offering AI-powered tablet-based restaurant and bar ordering with dynamic pricing to restaurants in Southeast Asia.
Represented Omilia, a dynamic innovator in enterprise conversational AI platforms, in its growth investment from Grafton Capital, a UK-based growth equity firm that specializes in partnering with founder-owned European software companies.
Represented Perfect Presentation for Commercial Services Company (2P), a provider of AI and technology solutions in the Kingdom of Saudi Arabia, in its initial public offering (IPO) on the Saudi Stock Exchange (Tadawul).
Represented Pony.ai, Inc., a pioneer in autonomous mobility deployment technology co-located in Silicon Valley and China, which collaborates with automotive and other technology companies to accelerate safe autonomous vehicle driving development, in its various commercial transactions.
Advised Primer Technologies, an AI/machine learning company specializing in AI-powered data analysis on US national security-related laws and regulations governing US industrial security, including compliance with the national industrial security program (NISPOM).
Advised Samsung Electronics, South Korea–based global consumer electronics manufacturer, on the acquisition from Bullnet Capital of Zhilabs S.L., a Spanish AI-based network and service analytics company.
Advised Scale AI, a leader in delivering high-quality training data for AI applications, on a wide variety of privacy, product and commercial-related matters on a global scale, including compliance with domestic and international laws and regulatory requirements; responding to user data access requests; and review of commercial services agreements, terms and conditions, and policies.
Represented Siemplify, a SOAR solutions provider leveraging AI, machine learning and human intelligence to identify the most urgent cybersecurity threats, in its sale to Google.
Represented SoftBank in a number of AI-related investments, including as lead investor in:
- The US$65 million Series E financing of Tractable, an applied AI company that uses the speed and accuracy of artificial intelligence to visually assess the condition of cars and homes for insurers
- The Series C financing of Peak AI, an AI decision intelligence software developer that helps companies in the retail, consumer and manufacturing spaces, with their decision-making processes to allow Peak AI’s clients to grow sales, optimize inventories and streamline their supply chains
- The US$130 million Series B financing of Envelop Risk, a leading data-driven underwriting and risk analytics business that uses artificial intelligence to drive decision- making and risk modeling
- The successful funding of US$235 million in AnyVision, one of the largest-ever funding rounds in facial recognition software, as co-lead investor with Eldridge
Represented Soundhound, Inc., a leading innovator in voice-enabled AI and conversational intelligence technologies, providing corporate, IP and data protection advice, and advice on the establishment of its French and German subsidiaries.
Represented Starship Technologies Holdings, Inc., a leading San Francisco–headquartered company that provides autonomous robot delivery services that leverage AI to plan their delivery routes, in its US$42 million Series B equity financing round and in its US$55 million multi-tranche quasi-equity facility agreement with the European Investment Bank.
