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AI in Your Legal Toolbox: Smarter Strategies for Safeguarding Clients’ IP

Artificial intelligence is changing the creation, protection, and valuation of intellectual property, and the practice of intellectual property law itself. In this CLE, AI in Your Legal Toolbox: Smarter Strategies for Safeguarding Clients’ IP, attorney Joshua D. Waterston will guide intellectual property practitioners through AI’s risks and opportunities. The program will explain how the nuts and bolts of generative AI impact attorneys specifically, and will highlight ethical rules, cautionary tales, and share examples of how courts are adapting to the use of AI.

The CLE will then focus on how AI impacts copyrights, patents, and trade secrets, and what that means for ownership, authorship, and value of IP assets. Attendees will gain practical strategies for drafting and negotiating contracts that address AI inputs, outputs, confidentiality, and ownership, enabling IP lawyers to stay ahead of AI-related issues in order to successfully represent their clients.

Topics covered include:

Intellectual Property Artificial Intelligence (AI) Legal Industry Trends

Agenda:

Introduction: What is AI?

Evolution from machine learning to AI to generative AI
Uses of AI, with an example of an AI “fail”

Ethical Requirements

State and ABA guidance
Are AI tools training on your clients’ data?

AI in Court: Requirements and Cautionary Tales

Disclosures, courts using AI, and examples of how not to use AI

AI Uses for Lawyers

General tools
Intellectual property tools
Risks of using AI

How AI Impacts Intellectual Property Rights

New issues
Copyright Office guidance
Patent Office guidance
Trade secret protection
Impact on due diligence
Copyright lawsuits

Contract Best Practices

A review of high-impact areas of contract negotiation and strategies to protect client rights

Looking Ahead

Trends in legislation, litigation, and enforcement
What’s next

Questions & Answers (as time permits)

Duration of this webinar: 60 minutes

Originally broadcast: October 22, 2025 9:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Joshua D. Waterston is introduced as the speaker, specializing in technology, intellectual property, and business law. Joshua will discuss AI in legal practice, focusing on safeguarding clients' intellectual property and addressing ethical requirements. The presentation will cover AI's evolution, its use in court, and strategies for protecting intellectual property rights.

05:28 Understanding AI and Machine Learning

Joshua explains machine learning as a process where algorithms extract patterns from large datasets, enabling businesses to make informed decisions. He distinguishes machine learning from AI, noting AI's ability to make predictions and decisions based on human-defined objectives. Generative AI, which creates content from text, photos, or videos, is highlighted as a transformative technology. Joshua mentions the rapid evolution of generative AI, citing ChatGPT as an example of its capabilities. He discusses various applications of generative AI, including chatbots, coding, image creation, and music generation.

11:43 Ethical and Legal Considerations of AI

Joshua addresses the ethical challenges of AI, emphasizing the importance of accuracy and the risks of AI 'hallucinations.' He outlines ethical requirements for lawyers using AI, including competence, communication, confidentiality, and supervision. Joshua highlights the importance of verifying AI outputs and ensuring client data confidentiality. He discusses the implications of AI in court, referencing cases where AI-generated content led to legal issues. Joshua stresses the need for transparency and understanding of AI's impact on legal practice.

23:38 AI in Legal Practice and Court

Joshua explores the practical applications of AI in legal practice, including research, document analysis, and practice management. He emphasizes the importance of confidentiality and the rapid evolution of AI tools in the legal field. Joshua discusses the benefits and risks of using AI, such as efficiency gains and potential cybersecurity threats. He highlights the need for verification of AI outputs and the uncertain legal landscape surrounding AI. Joshua advises on selecting AI tools based on firm size and specific needs, considering factors like cost and functionality.

32:30 Intellectual Property and AI

Joshua examines the impact of AI on intellectual property rights, focusing on copyright, patent, and trade secret law. He discusses the challenges of protecting intellectual property created with AI. He provides examples of legal cases involving AI and intellectual property, illustrating the complexities of AI's role in IP law. Joshua advises on best practices for protecting intellectual property, including contract negotiation and understanding AI's impact.

47:59 Best Practices for AI Use in Law

Joshua outlines best practices for using AI in law, emphasizing the importance of understanding AI tools. He discusses the balance between efficiency gains from AI and the need for human oversight to ensure accuracy. Joshua highlights the significance of clear contract terms regarding AI use and intellectual property rights. He advises on the importance of vendor warranties and indemnification to protect against AI-related risks. Joshua notes the evolving legal landscape and the need for lawyers to stay informed about AI-related regulations and trends.

59:43 Q&A and Closing Remarks

Joshua answers audience questions, providing guidance on protecting confidential data and staying compliant with evolving AI regulations. He emphasizes the importance of firm policies for documenting AI use and verifying outputs to avoid legal issues. Joshua discusses strategies for patent attorneys to protect AI-assisted inventions without violating inventorship rules. He highlights the significance of staying informed through CLEs and professional connections to keep up with AI developments.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: October 21, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: September 30, 2026

This presentation is approved for one hour of General CLE credit in California, North Carolina, and South Carolina (all levels). This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speaker

Joshua D. Waterston Senior Attorney
Wilftek LLC

Joshua D. Waterston practices technology, intellectual property, and business law at Wilftek LLC, with a focus on enabling business owners and entrepreneurs to prevent or resolve legal issues. Read More ›