How Companies are Calibrating Risk Tolerance for Generative AI, and AI and Legal Ethics: A risk-benefit analysis

Michael R. Justus | Katten Muchin Rosenman LLP

A company’s brand is its most important asset, and Michael Justus helps his clients create and protect their brands. A litigator and counselor with broad experience in both IP and advertising law, Mike brings a marketing-savvy approach to the legal protection and enforcement of his clients’ core assets. From counseling on global trademark clearance and protection strategies to filing legal challenges against competitors’ misleading ad campaigns, Mike offers a full range of support to his clients and their brands. Mike also advises clients on novel issues involving artificial intelligence (AI).

Mike understands that legal strategy and business goals must be viewed together. Similarly, he sees that IP and advertising legal issues often converge and must be dealt with in tandem and in ways that an IP-only or advertising-only specialist may not see. And his understanding of the many facets of branding (from trademarks and logos to packaging and color schemes to the tone and claims used in messaging) allows him to collaborate with clients to solve problems in unique ways.

In his trademark practice, Mike handles enforcement and litigation matters in and out of court. He has handled lawsuits before federal courts around the country and numerous proceedings before the Trademark Trial and Appeal Board. Mike also collaborates with local counsel around the world to formulate global enforcement and litigation strategies. His experience includes managing comprehensive trademark enforcement programs for several famous brands in the insurance, fashion, construction and electrical equipment, and aerospace and defense industries. Mike regularly negotiates creative settlements to end or avoid disputes, including through mediation, and he has prepared numerous coexistence, consent, license, assignment and other agreements. He also guides clients through the entire trademark clearance and registration process using customized, cost-effective global protection strategies, from initial selection and clearance of new marks to obtaining US and foreign registrations.

In his advertising practice, Mike handles disputes and advises clients on compliance issues under the Lanham Act, FTC regulations and guidance, NAD precedent, state consumer protection laws, and other laws, regulations and standards. For example, Mike has handled NAD and other disputes involving “Made in USA” claims, “compare to” product labels, social media, online consumer reviews, and a wide variety of performance and comparative claims. He has served as lead advertising counsel for clients in the clothing and health care industries.

Mike’s experience handling complex matters in IP, advertising, and other legal and regulatory areas converges in his AI practice. He counsels clients regarding novel issues arising from use of AI tools involving copyright, confidentiality, right of publicity, trademark, advertising, licensing, and other legal and regulatory areas. Mike helps clients strategize and implement policies and training programs for use of generative AI tools by clients’ employees and vendors. He also tracks important case law and legislative updates from around the world regarding AI technologies and conducts training for clients’ in-house legal departments and business teams.

Mike is active in the International Trademark Association, currently serving as Subcommittee Chair of the Advertising Law Subcommittee. He is also a member of the Outside Counsel Committee for NAD and served as a member of the Planning Committee for the 2019 NAD Annual Conference. He regularly speaks and publishes articles regarding trademark and advertising.

Grace Wynn | HWG LLP

Grace Wynn focuses her practice on legal ethics and professional responsibility matters, civil and commercial litigation, and complex business and contract disputes.

Prior to entering private practice, Grace clerked for the Honorable Donald Middlebrooks of the United States District Court for the Southern District of Florida.

She received her J.D. from Duke University School of Law, where she served as Executive Editor of the Journal of Law & Contemporary Problems. Grace received her B.A., summa cum laude, from the College of William & Mary, where she was a Division I scholarship athlete in cross country and track and received the Provost Award for outstanding academic achievement by a student athlete all three of her collegiate years. Prior to entering law school, Grace worked as a Teach for America educator in rural Mississippi.

Julienne Pasichow | HWG LLP

Julienne Pasichow is an associate at HWG LLP. Her practice includes civil litigation, government investigations and enforcement actions, immigration, and legal ethics.

Julienne received her J.D., magna cum laude, from the University of California, Irvine School of Law, where she was an Associate Editor of the UC Irvine Law Review, an award-winning mock trial competitor, clinical student in the Criminal Justice Clinic, and participant in several pro bono projects ranging from misdemeanor expungements to facilitating legal name changes for transgender individuals. Julienne received her B.A., Phi Beta Kappa, from Oberlin College.

Session I – How Companies are Calibrating Risk Tolerance for Generative AI | 2:00pm – 3:00pm

1. Case law updates regarding GenAI | 2:00pm – 2:20pm
2. Legislative and regulatory updates regarding GenAI | 2:20pm – 2:40pm
3. Strategies for creating and implementing GenAI policies and training | 2:40pm – 3:00pm

Break | 3:00pm – 3:10pm

Session II – AI and Legal Ethics: A Risk-Benefit Analysis | 3:10pm – 4:10pm

1. Understand the ways AI can increase efficiency within the legal profession | 3:10pm – 3:30pm
2. Recognize the confidentiality and competent risks inherent in AI use | 3:30pm – 3:50pm
3. Identify your obligations when using AI to ensure adequate competence, confidentiality, communication, supervision, and record keeping | 3:50pm – 4:10pm