Legal Risks and Remediation for Generative AI in Media and Entertainment

Elizabeth A. Spencer Berthiaume | Reed Smith

Elizabeth is a business and finance associate and a member of Reed Smith’s Entertainment & Media Industry Group and Emerging Technologies Group in the Dallas office. She focuses her practice on product counseling, data collection and processing best practices; implementing and updating privacy and cybersecurity compliance programs; use of artificial intelligence; buy-side and sell-side privacy and cybersecurity due diligence; and tech transactions. Combining her legal knowledge and in-house experience, Elizabeth provides tailored, business-oriented advice to help clients navigate the ever-changing privacy and data landscape.

Elizabeth counsels on new and existing products and services, business and marketing partnerships, and integrations with artificial intelligence products. Elizabeth has experience drafting various data and technology documents, including website terms, auto-renewing subscription agreements, vendor services agreements, text message program terms, data processing addenda, and privacy/cybersecurity language in various commercial agreements.

She helps a broad array of clients in building out and refreshing their data privacy compliance programs through data mapping and inventories; preparing internal and external privacy notices; developing internal privacy and cybersecurity policies and procedures (including data retention, classification, deletion, etc.); developing and advising on the intake and processing of consumer rights requests (webforms, consent management platforms, cookie categorization, cookie banners, etc.); the creation of tailored vendor management programs as well as providing training and guidance on performing privacy impact assessments.

Elizabeth regularly advises clients on U.S. state and federal privacy and consumer protection laws, regulations, guidance, and enforcement activities. Her focus areas include state consumer privacy laws; specialty state data laws governing social media companies/content moderation, age verification, health-adjacent data, and children’s data; state wiretapping laws; state UDAP laws; CAN-SPAM; DMCA; TCPA; VPPA; GLBA; COPPA; and section 5 of the FTC Act.

Elizabeth has provided services to clients across various industries, including fintech, financial services, manufacturing, digital media and online publishing, AdTech, e-commerce, restaurant/retail, EdTech, B2B software as a service (SaaS) providers, and non-profits.

Before moving back to private practice, Elizabeth was Assistant Vice President – Privacy Counsel for a global provider of automotive financial services, where she played a key role in developing and maintaining the company’s data privacy compliance program. She was responsible for advising stakeholders on data privacy laws and regulations, including GLBA, CalFIPA, PIPEDA, state omnibus privacy laws, state data breach notification laws, and CFPB guidance. She performed privacy impact assessments, facilitated vendor audits, drafted vendor and third-party data sharing agreements, and managed the company’s incident response program.

Elizabeth began her legal career navigating KYC/AML and beneficial ownership compliance requirements in support of M&A transactions for international private equity clients. Today, she leverages this experience to provide buy-side and sell-side corporate due diligence for M&A transactions with respect to privacy and cybersecurity matters, including assessing risk, preparing remediation plans, and drafting transaction documents.

Anthony B. Crawford | Reed Smith

Anthony is a passionate advocate of policyholders and assisting them in solving their insurance coverage issues. As a member of the Insurance Coverage Group, Anthony serves a wide array of clients ranging from banking and financial institutions to religious organizations. He provides policy review, coverage analysis, counselling and dispute resolution services on a variety of insurance policies, with special emphasis on general liability, directors & officers, errors and omissions (professional liability), commercial property, mortgage, and fine arts policies.

Anthony has extensive insurance coverage litigation experience in both state and federal courts. Likewise, Anthony has represented clients in various alternative dispute resolution forums, including mediations, arbitrations, and property insurance appraisals.

Prior to his legal career, Anthony served as an officer in the United States Marine Corps for 11 ½ years, where he was a helicopter pilot and held several positions specializing in project management and operations training.

As a result of his background and professional experiences, Anthony has developed and enhanced his skills in providing high-level results through extensive client service and unsurpassed attention to detail in analyzing needs, implementing proper solutions and securing optimal outcomes.

Anthony is admitted in Pennsylvania, New Jersey, and New York.

Lawrence R. Burns | Reed Smith

Lawrence “LB” Burns is an associate with a multidisciplinary practice focusing on privacy, intellectual property, data innovation, AI, and machine learning. He is especially accomplished in technology and entertainment product counseling, defending privacy-related class actions, advising on data breach notifications, and handling complex commercial and IP litigation, including patent and trademark/trade dress infringement cases. He is dedicated to safeguarding innovation in the technology and life sciences sectors, as shown in his significant courtroom victories and strategic IP guidance.

LB offers a unique perspective on the law, shaped by his diverse experiences working with HBO’s legal team and studying at multiple law schools in Tokyo, Japan. He speaks advanced Japanese.

LB grew up in South Central, Los Angeles and is committed to giving back to his community through pro bono work. Microsoft Legal Learn – Data Evolution and AI Trends (November 2023) to speaking engagements.

I. Key players in the media GenAI ecosystem | 12:00pm – 12:15pm

II. Common legal issues include data access rights, IP, contract restrictions, privacy requirements, reputational impacts, etc | 12:15pm – 12:30pm

III. Drafting and negotiating GenAI-specific contracts, focusing on high-risk provisions | 12:30pm – 1:00pm

Break | 1:00pm – 1:10pm

IV. Risk management, compliance, and ethical considerations in AI-generated media | 1:10pm – 1:40pm

V. Case studies on legal disputes and best practices | 1:40pm – 2:10pm