AI Survival Guide: Best Practices to Mitigate AI Litigation Risk

Learn about recent trends in high-stakes litigation involving AI technologies and best practices to consider to mitigate AI litigation risk.  

Organizations using artificial intelligence-based technologies that perform facial recognition or other facial analysis, website advertising, profiling, automated decision making, educational operations, clinical medicine, generative AI, and more, increasingly face the risk of being targeted by class action lawsuits and government enforcement actions alleging that they improperly obtained, disclosed, and misused personal data of website visitors, employees, customers, students, patients, and others, or that they infringed copyrights, fixed prices, and more.  These disputes often seek millions or billions of dollars against businesses of all sizes.

This webinar identifies recent trends in such varied but similar AI litigation, draws common threads, and discusses best practices that corporate counsel should consider to mitigate AI litigation risk, including adding or updating arbitration clauses to mitigate the risks of mass arbitration; establishing an AI Committee; collaborating with IT, cybersecurity, and risk/compliance departments and outside advisors to identify and manage AI risks; and updating notices to third parties and vendor agreements.

Learning Objectives

Identify Recent Trends in High-Stakes Litigation Involving AI Technologies

“Biometric” Technology Litigation

Website Advertising Technology (Adtech) Litigation

Profiling / Automated Decision Making (ADM) Technology Litigation

Other AI Litigation – Key Examples (Healthcare Tech & Gen AI)

Identify State Laws Governing AI

Identify Best Practices to Mitigate AI Litigation Risk

Steps to Mitigate the Risk of Mass Arbitration

Steps to Mitigate the Risk of Legal Noncompliance

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Speakers

Gerald L. Maatman, Jr.
Gerald L. Maatman, Jr.Partner, Duane Morris LLP
Gerald L. Maatman, Jr., chair of Duane Morris’ Workplace Class Action group, has nearly four decades’ experience of practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. Mr. Maatman has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees.

Mr. Maatman also writes and lectures extensively on class action and employment litigation topics. He has authored six books on employment law topics and has spoken to employer groups throughout the United States, as well as in Asia, Europe, Canada and Mexico. Mr. Maatman is the author and editor of a widely circulated, highly regarded industry class action report, published yearly since 2003. The report, called by EPLiC Magazine "the bible on class actions that no corporate counsel should do without," is widely praised for its sharp analysis backed by comprehensive research, helps corporate employers navigate an increasingly volatile class action landscape.

Mr. Maatman is recognized regularly by legal publications for his excellent work on behalf of clients. He is a 2021 Law360 MVP for Employment Law, which is his sixth such honor from Law360 since 2013. Winners of this accolade have distinguished themselves from their peers by securing impressive successes in high-stakes litigation, complex global matters and record-breaking deals. Overall, Mr. Maatman has received more Law360 MVP awards than any other attorney in the United States.

Mr. Maatman is a graduate of Northwestern University School of Law (J.D. 1981) and Washington and Lee University (B.A., magna cum laude, 1978). He has served as an adjunct professor of law at Northwestern for more than 30 years.

Justin Donoho
Justin DonohoSpecial Counsel, Duane Morris LLP
Justin Donoho, Special Counsel in Duane Morris’ Workplace Class Action Group, has defended companies faced with high-stakes, complex litigation matters for nearly fifteen years. Mr. Donoho regularly defends class actions alleging cybersecurity incidents, data privacy violations, and other issues involving thousands or millions of claims and seeking millions or billions of dollars. With a deep background in information technology, Mr. Donoho regularly helps his clients navigate IT-related issues.

He has successfully litigated data privacy and cybersecurity issues under states’ wiretap acts, consumer fraud statutes, and common laws; the Illinois Biometric Information Privacy Act (BIPA); the Electronic Communications Privacy Act (ECPA); the California Consumer Privacy Act (CCPA); the EU’s General Data Protection Regulation (GDPR); and other laws.

Mr. Donoho leads case teams from complaint to resolution. He has first- and second-chaired trials and mediations. Clients often compliment Mr. Donoho’s legal strategies, courtroom performances, persuasive writings, settlement negotiations, handling of depositions, management of complex discovery, dedication, and responsiveness to their needs.

Mr. Donoho is a graduate of the University of Chicago Law School (J.D., 2009) and the University of Illinois at Urbana-Champaign (B.S., Computer Engineering, 1999).