As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these questions that people ask us, along with our answers.
Corporate & Commercial
I Can See the Future. You Can, Too. (Seriously. The Future. Except, You Know, Now.)

After the November 2022 debut of ChatGPT, the public commentariat pitched itself into a virtual frenzy declaring AI’s transformative or even catastrophic potential. However, from my perspective, the reality of AI, at least so far, is that, while AI-powered tools are sometimes impressive and occasionally amazing, the AI-generated results are sometimes clunky or non-responsive and…
The High Risk of Intellectual Property Infringement with Use of Generative AI
Use of Generative AI output carries a high risk of intellectual property infringement liability, particularly with respect to infringement of copyright protected works.
In our previous Generative Artificial Intelligence 101 blog post, we highlighted the various ways in which Generative AI is unreliable and still incapable of truly replicating human work. In today’s post, we…
Harnessing Generative AI-Assisted Innovation: Comprehensive IP Protection Through Trade Secrets and Patents
You are counsel for a company which just developed an innovative process incorporating a generative artificial intelligence (Gen AI) component. For example, Tech Company may have designed AI-powered personalized health assistant designed to provide real-time health monitoring and personalized health recommendations. The technology leverages Gen AI-driven interfaces to allow users in conversational form to use…
Quick Question Tuesday, Part 10: Does China’s New Board Member Requirement Affect My Company?
As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these questions that people ask us, along with our answers.…
Can AI Act With Scienter?
The legal implications of artificial intelligence, or AI, are vast. Many, no doubt, have read stories about lawyers being embarrassed by briefs drafted with AI. See, e.g., Lawyer Used ChatGPT In Court—And Cited Fake Cases. A Judge Is Considering Sanctions. What if AI is used to draft disclosure documents that are alleged to be…
Debevoise & Plimpton Reviews 2024 Proxy Season
The 2024 proxy season was characterized by a high volume of shareholder proposals submitted to companies, including proposals relating to topical issues such as artificial intelligence (“AI”) and political lobbying and spending. In addition, the number of no-action requests submitted to the Securities and Exchange Commission (the “SEC”) increased compared to 2023. Based on our…
FTC Crackdown Highlights AI-Related Regulatory Risk

Investors and entrepreneurs everywhere are impressed with the potentially transformative promise of artificial intelligence. Unfortunately, AI’s seemingly unlimited promise has also attracted companies and other players who, in order to participate in the current AI wave, overstate their AI capabilities. These kinds of statements have already attracted the attention of plaintiffs’ lawyers and the SEC.…
Managing Legal Risks in AI Implementation (Risk Management)
Integrating artificial intelligence and other emerging technologies has become a strategic imperative for companies aiming to expand their product offerings and remain competitive. Product development and legal teams must carefully navigate legal and regulatory challenges when planning and developing an AI tool to avoid common pitfalls. To seamlessly and effectively implement AI and other emerging…
Taylor Swift and Congress Have “Bad Blood” with AI Deepfakes
On September 10, minutes after the first presidential debate between Donald Trump and Vice President Kamala Harris, an Instagram post set the political world abuzz: Taylor Swift endorsed Harris in the race. The announcement from one of the world’s biggest stars was newsworthy in itself, but IP lawyers likely took note of why she chose…