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VIEW ONLINE ENFORCEMENT AGENCIES WARN ON POTENTIAL AI DISCRIMINATION: WHAT’S AT STAKE FOR FINANCIAL SERVICES AND FINTECH COMPANIES DEVELOPING AND DEPLOYING AI TOOLS Please join members of Orrick’s Artificial Intelligence & Machine Learning team to discuss financial services implications stemming from the joint statement issued last week by the Consumer Financial Protection Bureau (CFPB), the Department of Justice (the DOJ), the Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) warning that the use of artificial intelligence (AI) “has the potential to perpetuate unlawful bias, automate unlawful discrimination, and produce other harmful outcomes.” WEDNESDAY, MAY 3 12:30 – 1:30 p.m. PT 2:30 – 3:30 p.m. CT 3:30 – 4:30 p.m. ET Webinar RSVP The agencies also stated that their existing legal authorities apply to AI and other “innovative technologies,” and identified skewed data and datasets, opaque and complex models, and tool exploitation as potential discrimination sources. While not mentioned in the statement, the agencies are likely to focus on differential outcomes rather than a discriminatory process, drawing upon disparate impact and pattern-or-practice theories to assess AI tools. This update will cover the explicit text of the statement (drawing on the team’s deep experience in fairness regulation and AI tools) and read between its lines to look at the potential risk implications for financial services and fintech companies developing AI or using AI to offer products and services. SPEAKERS JOHN COLEMAN PARTNER WASHINGTON, DC. ANNETTE HURST PARTNER SAN FRANCISCO JEFF NAIMON PARTNER WASHINGTON D.C. CAROLINE STAPLETON PARTNER WASHINGTON, D.C. MODERATOR KAREEM SALEH FOUNDER & CEO, FAIRPLAY AI FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: AMY HUANG | AHUANG@ORRICK.COM Update preferences | Unsubscribe | Forward this email You are receiving this communication because we believe you have an existing business relationship with Orrick or have previously indicated your desire to receive such communications. You may unsubscribe from future messages here: Update preferences. To ensure future delivery of Orrick communications, please add email-from@orricklaw.com to your safe sender list or address book. Orrick, Herrington & Sutcliffe (UK) LLP, a multinational practice of registered European and foreign lawyers and English solicitors, is a limited liability partnership incorporated in England and Wales with registered number OC414172 and is authorised and regulated by the Solicitors Regulation Authority. Orrick, Herrington & Sutcliffe (UK) LLP or an affiliated undertaking (each such undertaking being an "Orrick Entity") has an office in Austin, Beijing, Boston, Brussels, Chicago, Dusseldorf, Geneva, Houston, London, Los Angeles, Milan, Munich, New York, Orange County, Paris, Portland, Rome, Sacramento, San Francisco, Santa Monica, Seattle, Shanghai, Silicon Valley, Taipei, Tokyo, Washington, D.C., and Wheeling. The term 'partner' is a title used to refer to a member of Orrick, Herrington & Sutcliffe (UK) LLP or an employee or consultant with equivalent standing or qualifications, or an individual with equivalent status at an Orrick Entity. A list of members of Orrick, Herrington & Sutcliffe (UK) LLP and of non-members who are designated as partners, together with their professional qualifications, is open to inspection at our registered office, 107 Cheapside, London EC2V 6DN, DX: 557 London/City. Attorney advertising. As required by New York law, we hereby advise you that prior results do not guarantee a similar outcome. © 2023 Orrick, Herrington & Sutcliffe LLP, 51 West 52nd Street, New York, NY, 10019-6142, +1-212-506-5000. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy notice at https://www.orrick.com/en/Privacy-Notice to learn about how we use this information. orrick.com