Article · Intellectual Property and Technology

Key Legal Issues in Artificial Intelligence: A Comprehensive Guide for Business and Counsel

Type
Article
Jurisdiction
National
Date
2025-12-30
Topic
Intellectual Property and Technology

Artificial intelligence now sits inside hiring, pricing, diagnostics, vehicles, warehouses, and the practice of law itself, and it activates nearly every field of commercial and professional law at once. This guide maps the terrain issue by issue: protecting AI through patents, copyrights, and trade secrets; who owns what a machine invents or writes after Thaler v. Vidal and Thaler v. Perlmutter; the 2025 training-data copyright rulings and the record Anthropic settlement; products-liability theory for systems that act on their own; biometric exposure under Illinois's BIPA and data-protection duties under the GDPR and the EU AI Act; disparate-impact risk from hiring algorithms under Title VII and the four-fifths rule; the five components hidden inside every AI contract; algorithmic-collusion theory under Section 1 of the Sherman Act; the treatment of AI assets in bankruptcy; and the professional-responsibility duties that ABA Formal Opinion 512 and Mata v. Avianca place on lawyers who use generative tools. It follows one invented company through each doctrine and reflects developments through the November 2025 USPTO inventorship guidance and the late-2025 shifts in EU and U.S. AI regulation.

Key Legal Issues in Artificial Intelligence: A Comprehensive Guide for Business and Counsel

Intellectual Property and Technology > Artificial Intelligence and Machine Learning | Published 30 December 2025 - Updated 15 January 2026 | UpLaw - uplaw.us

The short version. Artificial intelligence is not one legal problem. It is a single technology that simultaneously triggers intellectual-property, products-liability, privacy, employment, contract, antitrust, bankruptcy, and legal-ethics duties, often out of one engineering choice. This guide walks the whole map, section by section, with the cases, statutes, and regulations counsel actually need, and follows one hypothetical company so the doctrine stays concrete. It is a research resource, not legal advice; this field moves fast, so confirm the current state of the law before you act on any of it.

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