Baked-In Bias: Practical steps to avoiding the hidden risks of AI (2025 Edition)

R. Andrew
R. Andrew "Drew" Patty II
Phelps Dunbar LLP

He leads the firm’s Artificial Intelligence Working Group and is a member of the firm’s Intellectual Property (IP) and Cybersecurity Practice Groups.

Marissa J. Moran
Marissa J. Moran
CUNY

Marissa J. Moran is an attorney admitted to practice before the U.S. Supreme Court, New York State, New Jersey, and the United States District Courts.

On-Demand: February 20, 2025

2 hour CLE

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Program Summary

Session I – Baked-In Bias: Understanding the Practical and Legal Implications of Generative AI – Drew Patty

This session will review the current state of Generative AI technology, the benefits and risks posed by its use, currently enacted laws and regulations governing its use, where AI regulation is heading and what to expect as the technology becomes more prevalent in business and the practice of law.

Key Topics

  • Review of the current state of this evolving technology
  • Examples of benefits and risks in use of Generative AI
  • Current state and federal laws and regulations governing Generative AI
  • The potential future impacts of Generative AI on clients and the practice of law

Session II – Ethical Considerations in AI Development and Deployment – Marissa Moran

This session delves into the ethical complexities attorneys face when integrating artificial intelligence into their practice. Participants will explore how the ABA Model Rules of Professional Conduct guide ethical AI use, with a focus on Rule 1.1 (Competence), emphasizing the importance of staying informed about emerging AI tools, and Rule 1.6 (Confidentiality), highlighting best practices for safeguarding client data. The discussion will also address Rule 8.4 (Misconduct) in the context of AI bias and fairness, ensuring lawyers avoid discriminatory practices in AI-driven decision-making. Practical strategies will be provided for conducting ethical risk assessments, promoting transparency and accountability in AI applications, and maintaining compliance with professional and legal standards. This comprehensive session equips attorneys with the knowledge and tools to ethically harness AI while upholding their professional responsibilities.

Key Topics

  • Exploration of ethical challenges in legal practice involving AI
  • ABA Model Rules
  • Addressing AI bias and fairness
  • Practical strategies for ethical AI use

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

R. Andrew Patty II_FedBarR. Andrew “Drew” Patty II | Phelps Dunbar LLP

Mr. Patty is a Partner with the law firm Phelps Dunbar LLP. He leads the firm’s Artificial Intelligence Working Group and is a member of the firm’s Intellectual Property (IP) and Cybersecurity Practice Groups. He is a registered U.S. patent attorney and has extensive experience in preparing and prosecuting patents in the chemical, medical device and mechanical fields, as well as the software and financial services fields. His practice also includes administrative appeals and proceedings before both the Patent Trial and Appeal Board and the Trademark Trial and Appeal Board, patent, trademark and copyright litigation in federal district courts and ICANN UDRP domain name dispute-resolution proceedings. A graduate of Tulane University and the University of North Carolina School of Law, he is a past Adjunct Professor of Patent Law at both L.S.U. Law Center and Southern University Law Center, is a member of the Texas, North Carolina, Louisiana and DC Bars. His practice recognitions include Chambers USA for Intellectual Property Law as well as a “Lawyer of the Year” over multiple years by The Best Lawyers in America® for Patent and Trademark Law.

 

Marissa J. Moran_FedBarMarissa J. Moran | CUNY

Marissa J. Moran is an attorney admitted to practice before the U.S. Supreme Court, New York State, New Jersey, and the United States District Courts. She received her B.A. in Economics, cum laude, from Fordham University, and is a member of the Sigma Alpha Nu Honor Society. She received her law degree from Brooklyn Law School, was a Dean’s Merit Scholar and received the American Jurisprudence Awards in Evidence; Real Estate Practice; and Trial Advocacy. While in law school she interned at the U.S. Attorney’s Office, Southern District of New York (SDNY) and upon graduation, clerked for U.S. Bankruptcy Chief Judge Burton R. Lifland, SDNY. She later worked as an associate at Kaye, Scholer, Fierman, Hays & Handler and Emmet, Marvin and Martin.

She is currently a professor at CUNY in the Department of Law and Paralegal Studies, New York City College of Technology, an ABA approved degree, where she teaches Legal Technology, Forensic Science & The Legal Process, Legal Ethics and Professional Responsibilities, and Theatre of Law. Marissa has served as the college’s grievance counselor and chaired the Faculty Student Disciplinary Committee. She has also taught business law courses as an adjunct clinical professor at New York University, Stern School of Business. She currently serves on the National Association of Legal Assistants Certifying Board Exam Development Commission Essay Grading Committees.

Marissa has written articles for the Legal Educator, a publication of the American Association of Paralegal Educators, and has spoken at several New York State Bar Association (NYSBA) and New Jersey State Bar Association CLEs, and national and local conferences Paralegal Educators conferences on such topics as Legal Technology, Artificial Intelligence, Cybersecurity, and Forensic Science & Law. Her article on biometrics and facial recognition technology appeared on the cover of the May/June 2023 NYSBA Journal.

Marissa serves as a judge for the We the People High School Competitions, Mock Trial NYC High School Tournaments, the ABA Law Student Division, National Appellate Advocacy Competitions, the ABA Dispute Resolution/Mediation Competitions, and Cardozo Law School Monrad G. Paulsen Moot Court Competitions, International Moot Court Honor Society, Oxford Competitions, BMI Entertainment and Media Moot and the Monroe Price Media Law Moot Court Competitions.

She is a member of the NYSBA Task Force on Artificial Intelligence, the Vice Chair of the NYSBA, Committee on Technology and the Legal Profession, and a member of the NYSBA, Committee on Continuing Legal Education, NYSBA, Committee on Committees, and the ABA International Law Section, Privacy, Cybersecurity and Digital Rights Committee.

Agenda

Session I – Baked-In Bias: Understanding the Practical and Legal Implications of Generative AI | 1:00pm – 2:00pm

  • Review of the current state of this evolving technology
  • Examples of benefits and risks in use of Generative AI
  • Current state and federal laws and regulations governing Generative AI
  • The potential future impacts of Generative AI on clients and the practice of law

Break | 2:00pm – 2:10pm

Session II – Ethical Considerations in AI Development and Deployment | 2:10pm – 3:10pm

  • Exploration of ethical challenges in legal practice involving AI
  • ABA Model Rules
    • Competence (Rule 1.1): Staying informed about AI tools and technologies
    • Confidentiality (Rule 1.6): Safeguarding client data in AI use
  • Addressing AI bias and fairness
    • Rule 8.4 (Misconduct): Avoiding discrimination in AI-driven decisions
  • Practical strategies for ethical AI use
    • Conducting ethical risk assessments
    • Ensuring transparency and accountability in AI deployments
    • Maintaining compliance with professional and legal standards

Credits

Alaska

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
1 General, 1 Ethics

Arkansas

Approved for CLE Credits
1 General, 1 Ethics

Arizona

Approved for CLE Credits
1 General, 1 Professional Responsibility/Ethics

California

Approved for CLE Credits
1 General, 1 Ethics

Colorado

Pending CLE Approval
1 General, 1 Ethics / Professionalism

Connecticut

Approved for CLE Credits
1 General, 1 Ethics / Professionalism

District of Columbia

No MCLE Required
1 CLE Hour(s), 1 CLE Hour(s)

Delaware

Pending CLE Approval
1 General, 1 Enhanced Ethics

Florida

Approved via Attorney Submission
1 General, 1 Ethics

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
1 General,1 Ethics

Hawaii

Approved for CLE Credits
1.2 General, 1.2 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
1 General, 1 Ethics

Idaho

Pending CLE Approval
1 General, 1 Ethics / Professionalism

Illinois

Pending CLE Approval
1 General, 1 Ethics, Civility, Professionalism

Indiana

Pending CLE Approval
1 General, 1 Ethics

Kansas

Pending CLE Approval
1 Substantive, 1 Ethics / Professionalism

Kentucky

Pending CLE Approval
1 General, 1 Ethics

Louisiana

Pending CLE Approval
1 General, 1 Ethics

Massachusetts

No MCLE Required
1 CLE Hour(s), 1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s), 1 CLE Hour(s)

Maine

Pending CLE Approval
1 General, 1 Ethics / Professionalism

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
1 CLE Hour(s), 1 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
1 General, 1 Ethics

Missouri

Approved for Self-Study Credits
1.2 General, 1.2 Ethics

Mississippi

Pending CLE Approval
1 General, 1 Ethics

Montana

Pending CLE Approval
1 General, 1 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
1 General, 1 Ethics

North Dakota

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General, 1 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General, 60 Ethics / Professionalism

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General, 1.2 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 General, 1 Ethics / Professionalism

Nevada

Pending CLE Approval
1 General, 1 Ethics / Professionalism

New York

Approved for CLE Credits
1.2 General, 1.2 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
1 General, 1 Professional Conduct

Oklahoma

Pending CLE Approval
1 General, 1 Ethics / Professionalism

Oregon

Pending CLE Approval
1 General, 1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 General, 1 Ethics / Professionalism

Rhode Island

Pending CLE Approval
1 General, 1 Ethics / Professionalism

South Carolina

Pending CLE Approval
1 General, 1 Ethics / Professionalism

South Dakota

No MCLE Required
1 CLE Hour(s), 1 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
1 General, 1 Dual

Texas

Approved for CLE Credits
1 General, 1 Ethics / Professionalism

Utah

Pending CLE Approval
1 General, 1 Ethics / Professionalism

Virginia

Not Eligible
1 General Hour, 1 Ethics / Professionalism Hour

Vermont

Approved for CLE Credits
1 General, 1 Ethics

Washington

Approved via Attorney Submission
1 Law & Legal, 1 Ethics

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
1.2 General, 1.2 Ethics / Professionalism

Wyoming

Pending CLE Approval
1 General, 1 Ethics / Professionalism

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