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Bobby Malhotra

| Jul. 24, 2024

Jul. 24, 2024

Bobby Malhotra

See more on Bobby Malhotra

Winston & Strawn LLP

Bobby Malhotra

Los Angeles
Bobby Malhotra's expertise extends to drafting comprehensive AI policies and procedures that adhere to industry standards and regulatory requirements. He said his intellectual curiosity and desire to be at the cutting edge of technological innovation drew him to this field, where he has been actively involved for over a decade.
"My foray into AI law began surprisingly early in my career over a decade ago when I got involved in a case that involved the use of automated underwriting and risk assessment algorithms by lenders in the context of the mortgage loan process," Malhotra said. "The legal questions surrounding liability and responsibility in this new landscape were fascinating."
He said his interest in regulatory issues surrounding AI has intensified, particularly as Generative AI systems have permeated various sectors globally over the last few years.
"Major economies like the EU, the U.S., China, and other countries are spearheading efforts to establish comprehensive AI regulations, each with distinct approaches and priorities," he said.
Malhotra's AI practice focuses on the entire lifecycle of AI integration, encompassing AI counseling, tools evaluation and program development to ensure successful implementation. Some aspects of this approach include drafting comprehensive AI policies and procedures, negotiating and Reviewing AI Contracts and updating Vendor Master Services Agreements and Engagement Letters.
"These efforts have been instrumental in helping clients navigate the complex and rapidly evolving landscape of AI, ensuring they can leverage these technologies effectively and responsible," Malhotra said. "They are among my most significant matters in the last few years because they address the foundational aspects of AI integration, from policy development to practical deployment, and tackle the critical issues of compliance, security, and ethical considerations."
Malhotra said one key obstacle is the ever-shifting legal landscape where AI technology is evolving rapidly, while the legal framework struggles to keep pace.
"Regulations and industry best practices are still being formulated, leaving a void of clear legal precedent for specific situations. This uncertainty creates a minefield for clients. Increased potential exposure and the complexities of compliance become major concerns," he said. "Succeeding in this environment requires creative legal thinking and a willingness to venture beyond traditional approaches. It demands a commitment to staying current with the latest developments in AI law and technology."
Lastly, Malhotra said he foresees an uptick in AI-related litigation. Currently, copyright infringement is the primary battleground for AI litigation, with other areas like privacy, right of publicity and defamation occasionally popping up.
"These copyright cases typically involve works such as books, articles, images, audio, and computer code," he said. "However, recent legislation like the ELVIS Act in Tennessee (granting individuals a right of publicity for their voice) could pave the way for novel lawsuits concerning AI voice mimicry."

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