In this episode, we discuss the current state and future of generative artificial intelligence and the practice of law with Nicole Black, attorney, legal tech journalist, and author. As she notes, "The legal field is one of the most likely to be impacted by generative AI because the technology can significantly replace certain workflows or assist with those workflows in impactful ways". Listen and learn more!
Insurance companies are implementing new measures to try to avoid paying for liabilities attached to consumer and employee biometric privacy law violations. The authors, Cort Malone and Abigail Damsky explore the issues companies and policyholders should be examining to ensure adequate protection in the present and future. As the authors note, “as more states pass biometric privacy laws, it is critical not only to follow court decisions but also to understand how insurance companies are attempting to avoid liability for such claims.”
The ongoing case of Doe v. Github Inc. et al. addresses copyright-related issues inherent in the Copilot generative AI that allows users to enter prompts to generate software code. This case addresses many of the issues involved in the training and use of generative AI for generating software code. The author, Jeffrey Gluck examines these issues, which he anticipates will have far-reaching implications for AI-generated works in the future. As Jeffrey notes, "Github is a case that may have far-reaching implications for AI-generated works in the future".
In this episode, we talk to Robert A. McFarlane of Hanson Bridgett LLP about artificial intelligence in the world of invention and questions raised in a recent decision from the U.S. Court of Appeals for the Federal Circuit that expounded on the principle that only human beings - not machines - can be named as inventors under U.S. patent law. Listen and learn more!
In this article, the authors discuss new updates from the UK’s Medicines and Healthcare products Regulatory Agency on how software and artificial intelligence medical devices will be regulated in the United Kingdom after Brexit. Read and learn more!
Guest Writer Does the European Union Commission’s Proposal on AI Liability Act as a Game Changer for Fault-Based Liability Regimes in the EU? By Nils Lölfing Abstract: In this article, the author discusses increasing risks that artificial intelligence system providers, developers, and users will face from a liability directive proposed by the European Union Commission. The AI Liability Directive proposed by the European Union Commission puts additional liability risks on providers, developers and users of specifically high-risk artificial intelligence (AI) systems. If enacted, it could become a game changer for fault-based liability regimes in the European Union, as it introduces a presumption of causality to prove fault and a right of access to evidence from companies and suppliers regarding high-risk AI systems. This will help victims enforce non-contractual civil law claims for damages caused by an AI system. What this is about and how it increases the liability risk exposure of actors in the AI systems supply chain will be discussed in this article. Background On September 28, 2022, the EU Commission published its proposal for a Directive to establish new fault-based liability rules for AI systems (AI Liability Directive), along with a reform for the existing rules on the strict liability of manufacturers for defective products. The current article focuses on [...]
Authors Peter Schildkraut is a co-leader of the firm's Technology, Media & Telecommunications industry team and provides strategic counsel on artificial intelligence, spectrum use, broadband, and other TMT regulatory matters. Mr. Schildkraut helps clients navigate the ever-changing opportunities and challenges of technology, policy, and law to achieve their business objectives at the US Federal Communications Commission (FCC) and elsewhere. He is the author of "AI Regulation: What You Need To Know To Stay Ahead of the Curve. James W. Kim is a nationally recognized expert in procurement law that regularly advises companies that do business with the US government, with a focus on professional services organizations and the life sciences industry. He is a regular speaker and author on procurement and drug pricing matters and his work is regularly featured in nationally-distributed industry print and digital media. Mr. Kim provides clients with strategic counsel related to US government funding and US market access, including assistance with more than $5 billion in procurement and grant awards and regulatory counsel related to more than $40 billion in successful M&A transactions. Marne Marotta works with clients facing complex challenges to develop and implement dynamic government relations strategies. Drawing from her experience in the Senate and the executive branch, she provides clients with strategic guidance and counseling, devises and implements comprehensive advocacy campaigns, [...]
Big Tech’s Race to Develop Superior Artificial Intelligence Technology Will A.I. Compromise Free Enterprise, Disclosure and Security? America’s Big Five tech companies – Amazon, Apple, Facebook, Google and Microsoft – are racing to develop technology they claim will change the world -- again. The tech Goliaths have more than 33,000 researchers at their disposal to create artificial intelligence (A.I.) technology with an obvious and perpetual prize: revenue. It's the talk of the world. NBC Nightly News recently predicted the impacts that A.I. will have on society in the coming years. A.I. tech was also the center of attention at the 2023 Davos Economic Summit. Prominent tech leaders such as Elon Musk and the CEO of OpenAI, Sam Altman, heralded that A.I. will improve virtually everyone’s lives, but with some risks involved. Andrew Perlman, dean of Suffolk University Law School, says there is nothing "future" about it. In The Implications of ChatGPT for Legal Services and Society, he wrote, "The disruptions from AI's rapid development are no longer in the distant future. They have arrived ..." And for the legal industry, he said, "ChatGPT may portend an even more momentous shift than the advent of the internet." Just one legal application out there today is the use of A.I. technology (GPT-3) by Docket Alarm, a popular court docket [...]
AI Image Generators and Copyright: Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, Liability AI programs are now readily available for all. Stability AI, Lensa, and other AI image creation tools create original works of art, raising the question of IP protection for such art. The United States requires human authorship in order to obtain copyright protection, and so far, the U.S. Copyright Office has declined to grant copyright registrations for AI-created works of art based on a lack of human authorship (one of these decisions is being challenged in Thaler v. Perlmutter (D.D.C. filed June 2, 2022)). While some countries take a similar approach to the US, others treat the issue of copyright eligibility for AI-generated art quite differently and provide at least some protection of computer generated works. Questions have also been raised as to whether AI-generated images constitute derivative works and whether such images and the AI generation tools used to create them infringe third-party copyrights, or whether the fair use doctrine or other defenses may apply. The first lawsuits involving image generators have now been filed raising copyright claims in addition to other claims. Listen as our authoritative panel of IP attorneys examines AI image generators and the associated copyright issues. The panel will discuss eligibility in the U.S. and the recent actions by the Copyright [...]
The Author A leading academic and practitioner, Joshua P. Davis (davisj@usfca.edu) is a nationally recognized expert on legal ethics and class actions, as well as on artificial intelligence in the law, antitrust, civil procedure, free speech, and jurisprudence. He has published more than 30 scholarly articles and book chapters on these subjects and is currently writing a book on AI titled Unnatural Law, which will be published by Cambridge University Press. He is Research Professor of Law at the University of California Hastings College of Law, and a Shareholder of the Berger Montague PC law firm and Manager of its new San Francisco Bay Area Office. Before taking these posts, for more than 20 years Davis was a tenured Professor of Law at University of San Francisco Law School, where he also served as the Director of the Center for Law and Ethics. Davis is also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation, published by Fastcase Full Court Press. Tom Hagy, Editor in Chief. You can also listen to Josh on the Emerging Litigation Podcast! Robojudges: If Machines Could Make Judicial Decisions, Should They? By Joshua P. Davis Abstract: As artificial intelligence makes its way into every aspect of our daily lives—including [...]
The Rise of Robojudges with Joshua Davis The good news for all of us, not the least of which are the robe and wig industries, is that we still have time. Artificial intelligence is advancing rapidly, but it's still not able to think like a learned jurist. We can say it will have flaws, but so do our human deciders. So it will be a tradeoff, right? What are the risks? What are the upsides? Will robojudges be able to absorb infinitely more information quickly? Will they hand down decisions free from the influence of bias? Wouldn't it be great to eliminate conflicts of interest? Joining me to discuss this not-so-out-there concept is Joshua P. Davis, a nationally recognized expert on legal ethics, class actions, and artificial intelligence in the law. He is Research Professor of Law at the University of California Hastings College of Law, and Shareholder and Manager of Berger & Montague, P.C.'s new San Francisco Bay Area Office. For more than 20 years Josh was a tenured Professor of Law at the University of San Francisco Law School, where he also served as the Director of the Center for Law and Ethics. Josh is authoring two books, one titled Unnatural Law, dealing with AI and the law, and a second on the important issue of class action ethics. [...]
Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé They are Crowell & Moring partner Jan-Diederik Lindemans and Judith Bussé, both part of the firm’s Technology & Intellectual Property Department in Brussels. And, working with Neotalogic, they developed an interactive app that takes you through a set of attorney-crafted questions that, depending on your answers, take you to other questions. The app applies a layer of artificial intelligence to enhance the information gathering process. Listen to what these innovators had to say about the Crowell & Moring IP Check-Up application, and take it for a test drive yourself. Or, here is a quick video of someone using the app. This podcast is the audio companion to the Journal on Emerging Issues in Litigation*, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Host of the Emerging Litigation Podcast * Highly regarded insurance and reinsurance industry attorney Laura Foggan of Crowell & Moring's Washington, DC, office is on the Editorial Advisory Board. Thanks to Laura for connecting me with J.D. and Judith. An organization’s intellectual property [...]
