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New Federal and State Regulation of Corporate AI Systems: Mitigating Bias in Automated Decision-Making

National Artificial Intelligence Initiative Act, Proposed Algorithmic Accountability Act, and the Algorithmic Fairness Act

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, August 11, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will address the increasing use of artificial intelligence (AI) and algorithms in decision-making processes by businesses. The panel will discuss the recently enacted National Artificial Intelligence Act and how it creates new initiatives, committees, and workflows on AI. The panel will advise companies on best practices to respond to and comply with the emerging regulatory environment and how to operate in the absence of clear guidance and standards.


More businesses are using AI and algorithms to drive decision-making processes. Congress passed the National Artificial Intelligence Initiative Act, which creates numerous new initiatives, committees, and workflows on AI, with the goal of preparing the federal workforce, conducting and funding research, and identifying and mitigating risks, particularly the potential for unintended bias.

In the absence of regulatory guidance and standards, industry and legal stakeholders are struggling with how to address concerns about algorithmic fairness, leading to increased regulatory and reputational risk. Attorneys must understand the risks related to automated decision-making and stay ahead of the regulatory landscape. However, legal is not the only stakeholder--engineers, economists, data scientists, ethicists, and others might spot different issues. Creating diverse teams with different viewpoints and life experiences is essential to any effort to mitigate bias.

One cause of bias might be a lack of diverse representation in the data set used to train the algorithm. But even if the data set is diverse, it might replicate historical patterns of bias. Counsel needs to develop and document programs, policies, and procedures based on questioning what the AI is determining and what data errors may be created.

Counsel should consider effective ways to test the algorithm before deploying it and consider having periodic audits to ensure biased outcomes are not an unintended result.

Listen as our expert panel discusses the National Artificial Intelligence Initiative Act and other proposed legislation, how counsel with other stakeholders can develop and alter an algorithm as necessary to address unintended bias, and what the future of AI in business decision-making may entail.



  1. Artificial intelligence in business decisions
    1. National Artificial Intelligence Initiative Act
    2. Proposed legislation
      1. Algorithmic Accountability Act
      2. Algorithmic Fairness Act
      3. State regulation and privacy laws
    3. Creating algorithms without bias
      1. Cross-discipline teams
      2. Team education
      3. Evaluating algorithms for appropriate solutions
      4. Question algorithm results and develop procedures
      5. Preapplication testing
    4. State and local regulations on AI
  2. Best practices
  3. Periodic audits


The panel will address these and other key topics:

  • How the National Artificial Intelligence Initiative Act and other proposed legislation may affect corporate use of AI?
  • How can counsel work with others to develop an algorithm?
  • What should counsel and other stakeholders do to address unintended bias?
  • What are the best practices when advising a company using AI in decision-making processes?


Anne M. Friedman
Anne M. Friedman

Bryan Cave Leighton Paisner

Ms. Friedman focuses her practice on structuring and negotiating large scale strategic sourcing and technology...  |  Read More

Hedges, Ronald
Ronald Hedges

Senior Counsel

Mr. Hedges is a member of the firm’s Litigation and Dispute Resolution Practice Group. He has extensive...  |  Read More

Mithal, Maneesha
Maneesha Mithal

Wilson Sonsini Goodrich & Rosati

Ms. Mithal is an internationally recognized expert on privacy and data security, having led the Federal Trade...  |  Read More

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