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 titled “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 discussed 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 also discussed how similar issues are emerging in the United States through jurisprudence and legislative initiatives.

To view a recording of the panel, click here.

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Author

Anna R. Gressel is a senior associate and a member of the firm’s Data Strategy and Security Group and its FinTech and Technology practices. Her practice focuses on representing clients in regulatory investigations, supervisory examinations, and civil litigation related to artificial intelligence (“AI”) and other emerging technologies. Ms. Gressel has a deep knowledge of regulations, supervisory expectations, and industry best practices with respect to AI governance and compliance. She regularly advises boards and senior legal executives on governance, risk, and liability issues relating to AI, privacy, and data governance. 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.