AI and Consumer Protection: Opportunities, Risks, and Best Practices (2024 Edition)

Matthew D. Kohel | Saul Ewing LLP

Matt Kohel represents clients in commercial litigation, intellectual property matters, and with data privacy issues. His experience with intellectual property matters includes claims for the misappropriation of trade secrets, trademark infringement, false advertising, the sale of counterfeit goods, and cases involving a variety of patent issues.

Matt is IAPP CIPM certified and assists clients with privacy program development, implementation, and management. Matt writes regularly and is a frequent speaker and panelist on artificial intelligence, especially as related to intellectual property, data privacy, and corporate policies on the use and management of artificial intelligence in the workplace.

Jonathan Bench | Kirton McConkie PC

Jonathan is a Shareholder in the International Practice Groupat Kirton McConkie, based in the firm’s Salt Lake City office. He focuses his practice on both international and domestic business transactions, assisting entrepreneurs, companies, and financial institutions, including venture capital and private equity funds. His global clientele spans Asia, Europe, the Middle East, Africa, and the Americas. Jonathan has worked and consulted in the U.S., Asia, and South America, and he is fluent in Chinese and Cantonese and working toward Spanish fluency.

He is a sought-after speaker for national and global trade and legal organizations, particularly on topics related to foreign direct investment between the U.S. and China, strategies like friendshoring or nearshoring as alternatives to the China market, and emerging technologies.

Jonathan serves on the board of directors for World Trade Center Utah and dedicates time to mentoring entrepreneurs through various nonprofit organizations.

He is also recognized as a legal expert in the fast-moving and complex emerging technologies ecosystem, including business and regulatory issues surrounding artificial intelligence (AI) and various web3 components: decentralized autonomous organizations (DAOs), smart contracts, decentralized finance (DeFi), cryptocurrencies, coins, and tokens, including non-fungible tokens (NFTs). His blockchain experience encompasses collaborations with international DAO communities, NFT artists and studios, layer-2 blockchain developers, metaverse companies, and celebrity brand influencers. Jonathan also represents entrepreneurs who are developing tools and communities focused on AI applications to a range of businesses.

Session I – Artificial Intelligence and Consumer Protection: What You Need to Know | 2:00pm – 3:00pm

• Recent enforcement actions involving claims of “AI washing,” or misleading statements about a company’s use of AI
• An examination of laws that are designed to protect consumers from discriminatory and other negative outcomes when AI is used
• How a company can develop and implement an AI governance program to reduce the risks of potential harms from the deployment of AI tools

Break | 3:00pm – 3:10pm

Session II – Legal Pitfalls and Compliance for AI Chatbots | 3:10pm – 4:10pm

• Data privacy and protection laws
  • Ensuring compliance with regulations such as GDPR and CCPA
• Liability issues
  • Determining who is responsible for AI-driven decisions and actions
• Ethical considerations
  • Addressing transparency, fairness, and bias in AI interactions
• Contractual obligations
  • Structuring agreements with AI technology providers to mitigate risks