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Through the insights of a survey of 500 US-based C-level executives who self-identified as part of the decision-making team responsible for their organization’s adoption, use and management of AI-enabled tools, three main gaps have been identified. This survey was conducted by Baker McKenzie in collaboration with Coleman Parkes.

Regulatory and enforcement agencies in the US are increasingly taking a closer look at AI and its potential for bias and other harms, but a new Baker McKenzie study has found many in the C-Suite are overconfident in assessing AI threats. Meanwhile, critical blind spots exist in HR and hiring tools oversight. Examine three key challenges and how to address them.

What our partners have to say

On the need for AI risk mitigation

There is an extraordinary amount of potential downside risk in using AI algorithms for people management functions, and a clear disconnect in developing and managing HR-specific, AI-enabled applications. Given the increase in state legislation and regulatory enforcement, companies need to step up their game when it comes to AI oversight and governance to ensure their AI is ethical and protect themselves from liability by managing their exposure to risk accordingly.
– Bradford Newman, Partner, Palo Alto

On the need for CAIOs

Today’s companies have a lot to learn about the risks associated with using AI, but we know that CAIOs will play a critical role, regardless of industry, in the years to come. The CAIO’s oversight should span technology and functional departments, ensuring that the organization has a holistic view of the AI risks inherent to the technology they are using.

– Pamela Church, North America Chair of Intellectual Property & Technology, New York

It’s not surprising that chief technologists play a significant role in a company’s AI oversight, what is concerning is the lack of involvement by other key stakeholders — especially the legal and human resource functions,” said “Senior HR executives have a deep understanding of how bias can adversely impact a workforce and together with their colleagues in legal, should have a bigger role in the development and oversight of the AI tools their companies use. 
– George Avraam, North America Chair of Employment and Compensation, Toronto

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Author

Bradford Newman is a litigation partner resident in Baker McKenzie's Palo Alto Office and Chair of the North America Trade Secrets Practice. According to Chambers USA, Brad is a "recognized authority on trade secrets cases" who "is valued for his tenacious, intelligent and thoughtful approach to trade secrets matters." Bradford regularly serves as lead trial counsel in cases with potential eight and nine-figure liability, and has successfully litigated (both prosecuting and defending) a broad spectrum of trade secrets cases in state and federal courts throughout the country. He routinely advises and represents the world's leading technology, banking, professional service, manufacturing and commerce companies in connection with their most significant data protection and trade secret matters. Bradford is the author of Protecting Intellectual Property in the Age of Employee Mobility: Forms and Analysis, a comprehensive treatise published by ALM that offers authoritative guidance on legal risks and practical steps companies can take to protect their IP and remedy IP theft.

Author

Pamela leads our New York IP & Technology Practice. She is consistently ranked by Chambers USA and World Trademark Review, and was recognized as one of the "Top 250 Women in IP" by Managing IP in 2023. Clients describe Pamela as "a legal whizz. What sets her apart is her business expertise and ability to craft viable, actionable solutions. She responds quickly and is a pleasure to work with" (Chambers USA Client Interview - 2023).
Pamela has extensive experience in structuring, negotiating and implementing transactions involving the acquisition, development, exploitation and sale of IP rights, including mergers and acquisitions, licenses, joint ventures, strategic alliances, research and development collaborations, digital publishing, e-commerce, outsourcing and corporate finance transactions.

Author

George practices trial and appellate litigation. He has been lead counsel before various administrative tribunals and the courts throughout the country, including the Supreme Court of Canada. He represents defendants in high-profile and reputation threatening cases, such as large-stakes labour litigation, fraud and trade secrets litigation, partnership disputes, multimillion dollar employment class-actions, large-issue employment litigation, and prominent administrative and public law issues, including those involving the Charter. George also advises Boards on business critical issues, including financial, regulatory, and executive level sensitive matters.

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