On December 7, 2021, Anna Gressel and Jim Pastore from Debevoise’s Data Strategy and Security and Commercial Litigation Groups participated in the third edition of the “The Athens Roundtable on Artificial Intelligence and the Rule of Law,” the premier international, multi-stakeholder gathering on artificial intelligence, legal systems, and functions, regulatory compliance, and the rule of law.

Anna and Jim hosted a panel on “Who is Responsible for AI? Emerging Approaches to AI Civil Liability in the EU and US, and How Companies Should Prepare.”  Given the increased use of AI technology across critical domains, and the potential damage caused by their failure, we expect to see an increase in AI-related disputes over the next decade.  This has led to important questions – who should be liable when AI fails?  How should fault be proven and apportioned? What remedies should be available to those injured, and what role should insurers play in covering these damages?

In this panel, we will discuss the recent European Parliament resolution and the forthcoming European Commission proposal concerning a civil liability regime for AI, which may include imposing strict liability for certain AI systems, updating product liability frameworks, or alleviating the burden of proof for AI accidents.  We will also discuss how similar issues are emerging in the United States through jurisprudence and legislative initiatives.

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Author

Anna R. Gressel is a senior commercial litigation associate at Debevoise and a member of the firm’s Technology, Media & Telecommunications and Data Strategy & Security groups. She actively advises clients on the legal and regulatory implications of artificial intelligence (“AI”) and other emerging technologies. Her practice includes not only representing companies in regulatory inquiries concerning AI, but also assisting companies in developing AI principles and governance mechanisms. She can be reached at argressel@debevoise.com.

Author

Jim Pastore is a Debevoise litigation partner and a member of the firm’s Data Strategy & Security practice and Intellectual Property Litigation Group. He can be reached at jjpastore@debevoise.com.