Introduction

Generative AI, also known as GenAI, has become an integral part of many organizations’ workflows, bringing with it a host of legal risks that must be carefully managed. General Counsels (GCs) play a crucial role in ensuring that their organizations harness the benefits of GenAI while minimizing potential legal and reputational pitfalls. This article presents a seven-question playbook for GCs to navigate the legal landscape surrounding Generative AI.

1. Pilot GenAI under Strict Governance

It is essential to start by piloting GenAI tools under strict governance, focusing on low-risk internal processes. By implementing rigorous governance measures, organizations can learn from these initial pilots and then scale their use of GenAI effectively.

2. Key Legal Issues

One of the key legal issues associated with GenAI is the challenge it poses to traditional notions of authorship, liability, consent, and fairness. Privacy and data security are particularly important considerations that must be addressed when deploying GenAI.

3. Law360’s 5 Step Governance Playbook

Law360 offers a comprehensive framework for GCs to govern the use of Generative AI within their organizations. This playbook emphasizes treating AI as a program rather than a product and emphasizes the importance of marrying pilots with governance, procurement controls, and human-in-the-loop checks.

Conclusion

As Generative AI continues to play a significant role in daily workflows, legal teams must be proactive in addressing the privacy, security, IP, and contractual risks associated with its use. By following the seven-question playbook outlined in this article, GCs can position their organizations to leverage the benefits of GenAI while safeguarding against potential legal challenges.