The L Suite (TechGC)

As GCs, we're going from the 'Wow' of AI to the 'How' of AI. That’s what Kent Walker, President of Global Affairs at Google, said at this year’s The L Suite (TechGC) AI Conference. The 'Wow' phase brought us ChatGPT, DALL-E, and other headline-grabbing technologies. But now, as we enter the 'How' phase, we face complex questions that will shape the future of our companies and industries: 1. How do we implement AI responsibly? 2. How do we navigate the regulatory landscape? 3. How do we balance innovation with risk management? As GCs, we're uniquely positioned at the intersection of law, technology, and business strategy. We must evolve from being backward-looking experts to forward-thinking strategists. Our challenge is not just to understand precedent, but to anticipate trends and policy developments. This shift requires us to: → Stay informed: Track progress across sectors → Engage broadly: Team up with tech experts → Think globally: Navigate int’l AI regulations → Anticipate: Address bias, privacy, and IP issues How are you approaching the 'How' of AI in your organization? What challenges and opportunities are you encountering? Let's discuss!

Looking forward to this panel! Thank you Lawtrades for the support on this one.

As GC at a high-growth startup, you might think preparing for a sale is a task for the distant future. However, Brendan Mulligan, GC at Figma, offers a compelling perspective, "Readiness starts immediately." Whether you're planning to stay independent, go public, or prepare for acquisition, the principles remain the same – run your business to withstand scrutiny at any time. Here's what this looks like in practice: ↓ 1. Document decision-making meticulously. Every choice you make today could be scrutinized during due diligence. Be prepared to explain your rationale. 2. Maintain a balanced risk profile. Aim for a stance that's suitable for both independent operation and potential acquisition. 3. Think long-term. When making decisions, consider how they might be perceived by external lawyers in the future. As Brendan puts it, "It's a pretty good heuristic to imagine that two years later, 20 lawyers will be grilling you about it." 4. Stay true to your principles. While future scrutiny is important, don't let it paralyze decision-making. Maintain a clear vision and let it guide your choices. 5. Prepare for intense scrutiny. During a sale process, external counsel will review your company's entire history. Be ready for detailed questioning about past decisions. GCs, what's an unexpected challenge you faced during an acquisition process that you wish you had prepared for earlier? Can you share an example of a decision you made early on that later proved beneficial during due diligence or an acquisition process?

In 2022, only 39% of Fortune 500 GCs were women. Women also face a pay gap, with men in top legal positions earning more than women with the same title. Many women in law also report related challenges… like missing out on key assignments and being overlooked for promotions. In our new Counsel Corner article on The L Suite blog, three female lawyers share actionable insights for women in legal roles to earn promotions, get raises, and close the gender gap. Read it now: https://lnkd.in/gZPjXeRJ Featuring insights from… Jolene Marshall, Chief Legal Officer, Smartsheet Amanda Rose, Partner, Fenwick & West Kat Duncan, Partner, Fenwick & West The article explores: ✔️How to create your own roadmap for advancement ✔️How to cement your reputation as a business-oriented attorney — and truly be the best at what you do ✔️How to get a little more comfortable with self-promotion  ✔️And the importance of finding allies, and being one Women GCs, do the insights in the article align with your experience? And what advice would you add?

Excited to be on the upcoming The L Suite (TechGC) panel with Claudia Regen and Curtis Roberts, Esq. to discuss some of the hot legal topics in employment law for in-house counsel. We've got everything: the FTC non-compete ban (or is it?), protecting IP and confidentiality, onboarding and off-boarding, and much, much more! If you're an L Suite member, please plan on attending! #LSuite #TechGC

As GCs, we face a daunting challenge: preparing for an AI-powered future we can barely foresee. How do we navigate this rapidly changing regulatory landscape? The current approaches to AI regulation are revealing significant limitations. Understanding these gaps is the first step toward finding innovative solutions. Let's examine the key issues: 1. Technical Deficit: Government regulators often lack the specialized knowledge to oversee rapidly evolving AI technologies effectively. 2. Democratic Deficit: Over-reliance on industry self-regulation fails to hold AI developers accountable to public demands. 3. Global Complexity: The borderless nature of AI challenges traditional nation-based regulatory frameworks. A promising path forward may lie in regulatory markets. This innovative approach could: • Bridge the gap between government oversight and industry expertise • Foster competition in regulatory innovation • Enable global scale while preserving national sovereignty As GCs, we must prepare for a future where AI governance is more dynamic and collaborative. We may need to engage with multiple stakeholders, including private regulators, to ensure compliance and ethical AI development. How do you envision the future of AI governance in your role? Share your thoughts.

As a GC, you're about to face a new frontier: AI that writes its own code. It's the next challenge for legal leaders in high-growth tech companies. As AI systems begin to generate code, we must navigate uncharted legal and ethical waters. Understanding the implications is crucial: 1. Intellectual Property: AI-generated code blurs traditional copyright lines. Your AUP should establish clear policies on ownership and attribution. This clarity protects your company's innovations and prevents unintended infringement. 2. Licensing Compliance: Ensure AI tools don't inadvertently incorporate open-source code with restrictive licenses. Implement robust checks to verify compliance with existing agreements. This diligence safeguards your company from potential legal pitfalls. 3. Data Privacy: Be vigilant about the data feeding these AI systems. Code often contains sensitive information. Clear guidelines on handling this data are crucial for maintaining privacy and complying with regulations. 4. Quality Control: While AI can accelerate development, it may introduce unexpected vulnerabilities. Advocate for rigorous testing protocols. This oversight ensures AI-generated code aligns with your company's standards. 5. Ethical Use: Guide your organization in setting appropriate boundaries. Not all coding tasks may be suitable for AI assistance, especially in critical systems. This judgment demonstrates your role as a strategic partner in the company's growth. 6. Transparency: Develop policies on disclosing AI's role in code development. Honesty builds trust with clients and stakeholders in this evolving landscape. How are you preparing your legal team for the era of AI-generated code?

The 2024 L Suite IPO Conference is getting closer and our line-up of expert panelists is growing. Today, we’re delighted to announce that we’ll be joined on the mainstage by Peter McGoff, Chief Legal Officer and Corporate Secretary at Rubrik (and L Suite member!). Any tech GC or CLO considering an IPO is no doubt well-aware of Rubrik, which went public in April, raising $750+ million in their debut on the New York Stock Exchange. The success of this IPO signaled a turning tide for tech IPOs in 2024, a promising milestone for both the company and tech as a whole. Not only did Peter McGoff help lead Rubrik through its IPO, he was also GC at Box when it went public in 2015… giving him plenty of first-hand experience to share with us at “IPO Ready: A Roadmap to Success for Finance and Legal Leaders,” Oct. 9-10 in San Francisco. Learn more about the 2024 IPO Conference, jointly hosted by The L Suite (TechGC) and The F Suite: https://lnkd.in/d3f-Kph8 #thelsuite #techgc #ipo

GCs: who should regulate AI? As AI reshapes the legal landscape, a crucial question emerges: who will lead its governance? The race to establish rules is unfolding on multiple fronts: 1. Congress is exploring "guardrails," but the path remains unclear. These broad proposals may lead to a prolonged period of regulatory uncertainty. 2. Federal agencies are asserting their roles. The FTC claims existing jurisdiction, while the Department of Commerce explores potential audits and certifications. 3. States are charting their own courses. AI legislation has been proposed in 17 states, so various solutions may be implemented nationwide. 4. The EU is moving with purpose. Their comprehensive AI Act could set a global precedent if executed swiftly. 5. China is also shaping its AI landscape, potentially influencing rules for an extensive user base. While some form of government oversight is inevitable, it's unclear how well they'll keep pace with AI's breakneck pace. As the folks responsible for keeping things legal and ethical, we've got to stay one step ahead of these incoming regulations. How are you preparing your organization? Share your insights.

As AI reshapes the legal landscape, many GCs are rushing to implement AUPs. But in the haste to adapt, critical vulnerabilities are often overlooked. Here are 5 subtle, yet potentially devastating blind spots in your AI AUP: 1. The "Human Shield" Fallacy: Assuming human oversight is foolproof. Reality check: How are you addressing AI-induced decision fatigue in your reviewers? 2. The Regulatory Time Bomb: Focusing solely on current laws. Key question: Is your AUP adaptable to pending legislation, like the EU AI Act? 3. Ethics: Vague commitments to "ethical AI" without concrete measures. Challenge: How are you quantifying and auditing ethical compliance? 4. The Data Silo: Treating all data equally in AI contexts. Critical distinction: Have you stratified data sensitivity levels for AI usage? 5. IP: Overprotecting company IP at the expense of innovation. Consideration: How does your AUP balance protection with collaborative AI development? In the rush to regulate AI use, it's easy to fall into these traps. The most effective AUPs anticipate future challenges and foster a culture of responsible AI innovation. What have we missed? Let us know in the comments.