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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Articles

Global Legal Insights to AI, Machine Learning & Big Data 2023

By Global Legal Group

In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding AI, machine learning, and big data across a range of jurisdictions.

Some topics covered in this resource include a framework for understanding artificial intelligence and more.

Sample Forms, Policies, and Contracts

Sample Data Privacy Addendum

This is a sample Data Privacy Addendum that supplements an agreement between a customer and vendor. It is compliant for California, Virginia, Colorado and Connecticut.

Articles

European Commission Approves EU-US Data Privacy Framework for Data Transfers - What Does This Mean for Your Organization?

By Tara N. Cho, Theodore F. Claypoole, Katie Hyman, Nadia G. Aram, Taylor Ey, Christine Xiao, Tyler Connor, Ting Zheng (Womble Bond Dickinson LLP)

This article discusses EU Commission decision approving the EU-U.S. Data Privacy Framework (“EU-US DPF”) as a valid transfer mechanism for sharing personal data from European Economic Area countries (those in the EU plus Iceland, Liechtenstein and Norway) to the United States.

Articles

Practical Lessons from the Attorney AI Missteps in Mata v. Avianca

By William A. Ryan, Senior Vice President & Chief Compliance Officer (AT&T Services Inc.), Allen Garrett, Partner (Kilpatrick Townsend & Stockton LLP), and Brad Sears, Associate (Kilpatrick Townsend & Stockton LLP)

The recent story of two New York attorneys “duped” by ChatGPT into citing “fake” cases in a court submission illustrates some of the risks of using artificial intelligence.

But the attorney missteps in the ChatGPT case are entirely avoidable. And the emergence of generative AI carries extraordinary potential if attorneys can learn to use the technology wisely.

Articles

How to file the Chinese Data Privacy Standard Contractual Clauses?

By Jack Cai, Rhys McWhirter, Frankie Tam, Sam Chen, Kenny Tam, Jamie Leung, Philip Chow, and Jeff Tian (Eversheds Sutherland)

This article discusses the Cyberspace Administration of China's (“CAC”) May 30, 2023 release of the long-awaited “Guidelines for the Filing of Standard Contracts Regarding Export of Personal Information (First Edition).

The guidelines provide clarity for organizations that are looking to rely on Standard Contractual Clauses (SCCs) to transfer personal information collected in Mainland China (“PRC Data”) to an offshore recipient.

Articles

Data scraping: Intellectual Property rights and risks

By David Wilkinson and Chloe Gastrell (Eversheds Sutherland)

This article examines, from an English law perspective, the legal issues you need to be familiar with whether you are engaged in data scraping (either directly or through a third party), or if you are concerned that your content is being scraped and exploited without your consent.

Sample Forms, Policies, and Contracts

Employment, Confidential Information and Invention Assignment Agreement

This is a sample employment, confidential information and invention assignment agreement, under which a new employee assigns the right, title, and interest in and to inventions and other intellectual property items that the employee may conceive, develop or reduce to practice during the employment period. 

Sample Forms, Policies, and Contracts

Employee Intellectual Property Assignment and Confidential Agreement

This is a sample employee intellectual property assignment and confidentiality agreement, under which an employee, among other covenants, assigns to the company intellectual property such as designs, inventions, improvements, technical information, know-how, technology and suggestions relating in any way to the products or services of the company, which the employee conceives, develops, or contributes to or acquire during the employment period.

Articles

Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

By Seyfarth Shaw

Sharing sensitive data with ChatGPT for work, such as source code and meeting minutes, may be labeled a “data leak” due to fears that ChatGPT can disclose the data to the public once it is trained on the data. In response, many companies took action, such as banning or restricting access, or creating ChatGPT data disclosure policies. This resource from Seyfarth and Shaw discusses the implications of ChatGPT on trade secrets, disclosures, and provides key takeaways to consider with AI tools. 

Articles

Limitation of Liability Clauses (United States)

This Wisdom of the Crowd (ACC member discussion) addresses how to negotiate a limitation of liability clause in a consulting agreement to sufficiently protect your company's confidential information and intellectual property, under US law. This resource was compiled from questions and responses posted on the forum of the Intellectual Property Committee and Corporate and Securities Law Committee ACC Networks.* Initially published March 11, 2015; republished March 30, 2023.

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