Emerging Areas of Legal Practice AOPs: How Technology Has an Impact

Catherine Lovering
Wed, 12 Feb 2025 19:49:42 +0000
Legal Area of Practice, Legal Practice Management

When there’s a palpable shift in society, industry, or the economy, practicing lawyers feel the effects. That’s true as advances in artificial intelligence (AI) and the activities of big tech firms raise concerns about intellectual property rights and data privacy. Learn about some of the big technology issues that are trending AOPs for 2025, and how these are developing into important practice areas for lawyers.

Copyright and Intellectual Property

Generative AI tools like ChatGPT are quickly changing how knowledge workers perform. However, these tools are trained on information that is the intellectual property of individuals and organizations. The same is true for text and image-based tools that use photographs and artwork to develop “new” creations from existing work that belongs to others.

There’s already been legal action in this emerging area. In late 2023, The New York Times sued OpenAI alleging that it trained ChatGPT on copyrighted Times material without permission. As generative AI continues to roll out everywhere from Google search results to chatbots on law firm websites, more legal action over the training material is sure to arise.

Defamation and Harassment

Deepfakes are a growing presence across the internet. These are videos and images made to resemble a real person or entity but are not real. Deepfakes simulate politician speeches, photos of celebrities, and event videos that can be hard to distinguish from the real thing. Because of their artificial nature, creators and distributors can face legal consequences.

There are a few proposed federal laws to manage deepfakes, but so far there is no comprehensive piece of legislation. Some states have enacted laws to prohibit deepfakes in limited circumstances, such as a Texas law that makes it illegal to create a deceptive video to injure a candidate or impact an election outcome.

Despite the lack of regulation, existing legal frameworks in the form of tort laws might provide recourse for victims. A celebrity who’s been harmed by a deepfake may be able to sue for harassment or defamation if they can identify a responsible party. As deepfakes become more common and troublesome, there might be a greater role for lawyers in defending the rights and dignity of victims.

Data Privacy and Cybersecurity

Generative AI and the greater sophistication of technology tools bring advances in automation and the simplification of many work processes across industries. They also involve an unprecedented level of data collection. What’s uncertain is how this data is or will be protected.

Because of the power and scope of generative AI, and its growing importance to business, the U.S. might not be willing to implement a data privacy model akin to the European Union’s General Data Protection Regulation (GDPR). Instead, the U.S. might support a network of voluntary cyber protection standards.

Whatever the outcome, it’s added work for lawyers. Firms represent companies that handle increasing amounts of data or individuals who want recourse if their personal information is not protected. The individuals most impacted by these technology changes might need counsel if they are called upon to describe or justify their roles in the data revolution, such as before government committees or regulatory authorities.

Regulatory Enforcement

The tension between regulatory authorities and tech platforms such as Meta, TikTok, and X has been ongoing for several years. A proposal to ban TikTok because of fears that the Chinese-owned company is not safe for U.S. users is under legal scrutiny just as Meta CEO Mark Zuckerberg announced an end to formal fact-checking on its platforms.

It is hard to say if changes in self-governance models on U.S.-based social media platforms will result in calls for stronger regulation. The Federal Trade Commission announced a final rule last year that would curtail fake reviews and testimonials by brands.

Regulation is another possible area of legal changes for industries like healthcare and pharmaceuticals. Drug companies might seek new models to sell directly to consumers through telehealth, a proposal that’s certain to raise concerns among the medical industry. The Food and Drug Administration already has a limited role in direct-to-consumer drug advertising, a trend that might continue.

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