In this episode of On Boards, hosts Joe Ayoub and Raza Shaikh welcome Andrew Sutton, an attorney with the law firm McLane Middleton and an expert on AI ethics and the use of AI in law. As a founding member of his firm’s AI practice group, Sutton brings his knowledge of AI to this discussion of the ethical, legal and governance aspects of AI. 

As AI continues to gain prominence, boards will have to consider how they can incorporate AI into companies and in the boardroom. Our discussion dives into the management of AI, implementation strategies and how to develop trust in the AI system. 

Key Takeaways

1.    Andrew Sutton’s background in AI

From building computers to founding an artificial intelligence group at McLane Middleton, Andrew has always been a tech enthusiast. His work spans a variety of areas, including cybersecurity, privacy, and AI’s role in corporate strategy.

2.    AI in the boardroom

Andrew emphasizes the importance of boards addressing AI proactively as technology continues to evolve. Companies must be prepared to discuss the implications of AI implementation at the highest levels, especially given the growing expectations from stakeholders.

AI is already embedded in everyday tools, cell phones and Internet browsers to name a coup-le of obvious places, but boards must become much more intentional in how they use generative AI.

3.    AI governance and organizational structure

A “top down approach” is key when it comes to AI governance. Boards should be collaborating closely with technology teams, consultants and managers to create clear policies and strategies for AI. 

Governance will require the coordination between various departments and committees to cover risk, business and IT. Some companies are appointing Chief AI Officers to drive implementation.

4.    Building trust in AI implementation

Companies need to create a robust structure with an AI model limited to company data and a person confirming the accuracy of the system’s outputs

AI models need to be well-maintained and frequently tested to ensure there are no biases or hallucinations. 

Quotes

“Taking that first step really needs to happen now, and that should be the emphasis for every board because I believe that the shareholders are expecting that the boards are going to be on top of this.”

“ AI is different because it changes the way that people work. It changes how human capital is deployed by adding a degree of automation into processes that were otherwise knowledge and education based and human decision oriented.”

“If you're not moving forward with this, you risk being left behind. It is transformative in a way where in 5 or 10 years you might not be a relevant player…” 

“An important part is having a robust structure in place that allows you to trust the AI… If you know that your data is good and your AI is limited to your data, and your model is tested and regularly maintained, then you can have confidence that what’s coming out of the AI is probably accurate.”

Guest Bio

Andrew Sutton is a founding member of McLane Middleton’s Artificial Intelligence Practice Group with work experience that includes Artificial Intelligence policy and ethics, the use of Artificial Intelligence applications by employees; acceptable use policies, Artificial Intelligence deployment/strategy, Artificial Intelligence application assessments, consumer protection concerns, robotics and the deployment of Artificial Intelligence technologies in the physical world. Andrew’s experience also includes cyber security, privacy and corporate work including complex transactional and real estate issues. 

Andrew is a co-author of AI and Ethics: A Lawyer’s Professional Obligations which is included in the American Bar Association’s publication Artificial Intelligence: Legal Issues, Policy, and Practical Strategies published in 2024. He is a founding appointee to the Massachusetts Bar Associations Artificial Intelligence Practice Group and a member of the Boston Bar Associations Senior Associates Executive Steering Committee. Andrew regularly presents to local and national audiences regarding matters involving the ethical use of artificial intelligence and the use of artificial intelligence in connection with the practice of law. 

Links

Corporate Governance Institute: Guide to AI in boardroom decisions

Artificial Intelligence: Legal Issues, Policy, and Practical Strategies