AI and the Law: A Year-End Retrospective 2025 and Beyond


Privacy and biometric litigation are, by volume, the most active — driven by BIPA, CIPA, and a wave of cases targeting both AI tool providers and the companies that license and use them, including the recent Clearview settlement. Copyright litigation is equally active, with authors, news organizations, and other content creators suing the major AI developers over the use of copyrighted works to train large language models.

The presentation covers the D.C. Circuit’s Thaler v. Perlmutter decision, which addressed whether AI-generated outputs can be copyrighted at all. Other topics discussed include securities cases targeting “AI washing” under both SEC enforcement and private class actions, algorithmic discrimination claims moving forward under existing civil rights statutes, the first wave of product liability cases against AI chatbot developers, and the antitrust exposure emerging around shared algorithmic pricing tools.

The presentation also covers the regulatory component of AI expansion. On the regulatory side, every state introduced AI legislation in 2025, creating a fractured compliance landscape that the federal government is now actively trying to preempt. The European Union’s AI Act, the first comprehensive AI regulatory framework, also reaches U.S. companies.

Learning Objectives

• Identify Core Litigation Areas
• Understand Current & Future AI Governance
• Describe Trends of AI Risk
• Discuss Example Cases

As always, if you have comments or wish to participate in one our projects please drop us a note at Editor@LitigationConferences.com.

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Abigail Damsky
Abigail DamskyAnderson Kill
Abigail Damsky is an attorney in Anderson Kill’s New York office and a member of the firm’s Insurance Recovery Group and Restaurant, Retail, and Hospitality Group. She represents policyholders in complex insurance matters and brings a practical perspective to issues involving insurance, employment, privacy, and technology. Abigail earned her J.D. from Benjamin N. Cardozo School of Law and graduated cum laude from Brandeis University, where she built the strong academic foundation that informs her practice.
Jamie O’Neill
Jamie O’NeillAnderson Kill
Jamie O’Neill is an attorney in Anderson Kill’s New York office, where she focuses on insurance recovery and exclusively represents policyholders. She has developed a strong focus on artificial intelligence and emerging technology risks, combining legal insight with technical fluency. Jamie earned her J.D. from Fordham University School of Law, where she was a Crowley Scholar in International Human Rights and Online Editor of the Fordham Intellectual Property, Media & Entertainment Law Journal.
Seán McCabe
Seán McCabeAnderson Kill
Seán McCabe is an attorney in Anderson Kill’s New York office and a member of the firm’s Insurance Recovery and White-Collar Defense groups. He counsels policyholders on a wide range of coverage disputes, including claims involving property damage, cybercrime, environmental liability, and general liability, and brings substantial experience with complex, high-stakes litigation. A native of Ireland, Seán earned his law degree from University College Cork School of Law.