By now, most lawyers have heard of judges sanctioning lawyers for misuse of generative AI, typically for not fact checking the outputs. Other judges have issued local rules governing use of or prohibiting AI. These actions have become prevalent. What
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Legal Considerations Involving Artificial Intelligence
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Lawsuits Against Web Scraping to Train AI
Plaintiff’s attorneys have filed a wave of lawsuits against various AI tools under a variety of legal theories. Most have had no success so far. Many of the asserted claims have been dismissed for lack of sufficiently pleaded facts to…
Jobiak’s Opposition to Motion to Dismiss Copyright Infringement Claims on AI-Created Database
We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its opposition, in which it raises the substantive arguments to…
Court to Decide Whether AI-scraped Job Database Is Subject to Copyright Protection and Is Infringed?
A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?
In Jobiak v. Botmakers, Jobiak is an AI-based recruitment platform that offers a service for quickly and directly…
M&A Transactions: Drafting AI Representations and Warranties for Non-AI Companies
Is your M&A target a manufacturing company with automated production, a consumer products business with online sales and marketing or an education company that creates content for students? The increasing use and development of artificial intelligence (“AI”) systems and products, particularly…
The Intersection of Artificial Intelligence and Utilization Review
California is among a handful of states that seeks to regulate the use of artificial intelligence (“AI”) in connection with utilization review in the managed care space. SB 1120, sponsored by the California Medical Association, would require algorithms, AI and other…
George Carlin Was Funny – Copying His Likeness AIn’t – Estate Settles AI-based Right of Publicity and Copyright Claims
According to published reports, George Carlin’s estate settled right of publicity and copyright claims relating to an AI-scripted comedy special using a “sound-alike” of George Carlin which performed the generated script. The special – “I’m Glad I’m Dead” –…
OECD Updates Guidance on Responsible AI
The Organisation for Economic Co-operation and Development (OECD), which works on establishing evidence-based international standards and develops advice on public policies, has issued updated recommendations (“Recommendation”) on responsible AI to reflect technological and policy developments, including with respect to generative…
Responsible AI – Everyone is Talking About it But What Is It?
The development of AI continues to advance at a blistering pace, increasing the need for companies to employ AI governance and adopt policies for the responsible development and deployment of AI. While the term “responsible AI” is frequently used, it…
Better Safe Than Sorry: OMB Releases Memorandum on Managing AI Risks in the Federal Government
On March 28, 2024, the Office of Management and Budget (“OMB”) issued Memorandum M-24-10, Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (the “Memo”). This is the final version of a draft memorandum OMB released for…