Artificial Intelligence Litigation Roundup

July 7th, 2025|Categories: Complex Business Litigation, Intellectual Property, Technology Law|Tags: , , , |

The ongoing rise of artificial intelligence (AI) is reshaping legal landscapes, with a surge in antitrust and copyright lawsuits challenging the way AI integrates into business and creative industries. Key cases target AI-driven pricing platforms like RealPage and Yardi Systems, with plaintiffs alleging these tools enable collusive price fixing and drive up costs in sectors such as real estate, healthcare, hospitality, and equipment rental by aggregating and sharing sensitive commercial data. Meanwhile, copyright battles have intensified as creators, publishers, and developers sue major tech companies—including Cohere, Stability AI, OpenAI, Meta, GitHub, Microsoft, and Google—over the unlicensed use of their works to train AI models. These lawsuits argue that using copyrighted material without consent threatens creators’ rights and business models, while defendants counter with fair use and public domain defenses. The outcomes of these pivotal cases will set crucial precedents on acceptable AI practices, copyright scope, and the use of data for training language models. As AI continues to advance, these legal battles will play a defining role in shaping the future of competition, creativity, and consumer protection across industries worldwide. Read an excerpt and click to the full story on the Mogin Law LLP website.

Federal court rejects First Amendment defense in chatbot wrongful death case

June 26th, 2025|Categories: Complex Business Litigation, Technology Law|Tags: , , , , |

As generative AI tools grow more sophisticated—and more personal—the legal system is being forced to confront their potential harms. Guest contributor Justin Ward explores a chilling case against Character AI, where the mother of a teenage user is suing the company after her son took his own life. The boy had become fixated on an AI-generated version of a Game of Thrones character. In a significant ruling, a federal judge refused to dismiss the case on First Amendment grounds, challenging assumptions about whether AI output qualifies as protected speech—and raising urgent questions about AI accountability, user vulnerability, and the boundaries of tech company liability.

Valid Antitrust Concerns or Partisan Objectives: Which Will Guide Trump’s FTC?  

April 9th, 2025|Categories: Class Actions, Corporate Compliance, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , |

Concerned that the spirit of retribution that drove executive orders against some of the nation's largest law firms will carry over to business deals, Tom Hagy writes about recent changes at the Federal Trade Commission and some of the comments from the new chair that suggest infusion of retribution into the process of examining business deals is inevitable.

Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab

March 27th, 2025|Categories: ELP, Environmental Torts, Mass Torts|Tags: , , , , , |

In this episode of the Emerging Litigation Podcast, you will discover the legal complexities of wildfire litigation as Ed Diab, founding partner of Diab Chambers LLP, unpacks the strategies used to establish liability against utility companies in the wake of Southern California’s devastating January 2025 wildfires. With over 100 lawsuits filed against power providers like Southern California Edison, plaintiffs—including public entities, individuals, and insurers—face an uphill battle proving negligence and inverse condemnation claims. Ed shares insights on case-building strategies, the role of expert investigations, key legal defenses raised by utilities, and the evolving litigation landscape. Tune in for a deep dive into how these high-stakes cases unfold. Don't miss this episode!

Injunction against Trump’s DEI executive orders unlikely to stem massive wave of ‘reverse discrimination’ lawsuits

March 18th, 2025|Categories: Corporate Compliance, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Justin Ward examines the recent federal court injunction against President Trump’s executive orders targeting Diversity, Equity, and Inclusion (DEI) programs. While the ruling temporarily halts enforcement of these orders, legal experts suggest it’s unlikely to slow the growing wave of “reverse discrimination” lawsuits. Since the Supreme Court’s 2023 decision in Students for Fair Admission v. Harvard, more than 100 claims alleging discrimination against majority groups have been filed. Additionally, state legislation and an upcoming Supreme Court case, Ames v. Ohio Department of Youth Services, could further lower the bar for such claims, potentially fueling even more litigation.

Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts

February 21st, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , |

With federal PFAS regulations in limbo, lawsuits targeting “forever chemicals” are expanding—what does this mean for businesses and consumers? Justin Ward examines the uncertain future of PFAS (“forever chemicals”) regulation and litigation after former President Trump rolled back a draft rule expanding Biden-era guidelines. The rising PFAS lawsuits are increasingly targeting consumer product manufacturers alongside chemical companies. Despite concerns over deregulation, several states have enacted their own strict PFAS rules, ensuring continued legal challenges and regulatory pressure. Read our report by guest contributor Justin Ward.

Class Action Defense: Key Developments on the Arbitration Front

February 8th, 2025|Categories: Class Actions, CLE OnDemand, Corporate Compliance, New Webinars|Tags: , , , , , |

Gain a better understanding of the key developments on the arbitration front related to class action defense, including the key U.S. Supreme Court rulings shaping the litigation landscape and the main arbitration trends to remain vigilant for on a CLE webinar featuring experienced class action defense attorneys Gerald L. Maatman, Jr. and Eden E. Anderson. Register today!

Last Days of Patent Eligibility Confusion with Ryan Phelan

December 23rd, 2024|Categories: ELP, Intellectual Property, Technology Law|Tags: , , , |

In this episode, we discuss the intricate landscape of patent eligibility in the United States, twin patent law decisions from the Supreme Court, and the proposed Patent Eligibility Restoration Act and how -- if passed -- it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions with seasoned patent attorney, Ryan N. Phelan of Marshall Gerstein. Listen now!

IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick

December 17th, 2024|Categories: ELP, Intellectual Property, Technology Law|Tags: , , , , , |

In this episode, we discuss the evolving landscape of NFTs – or non-fungible tokens – which have taken the digital world by storm – or perhaps just a downloadable picture of a storm – promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world. Guest Cameron Pick of Marshall Gerstein draws on his expertise in intellectual property law to provide insights into the changing dynamics of NFTs and the legal issues that accompany them. Tune in now!

Copyrightability of AI Generated Work

September 25th, 2024|Categories: CLE OnDemand, Intellectual Property, Technology Law|Tags: , , , , , |

Take this webinar featuring Perkins Coie LLP attorneys Lisa Ortiz and Sean West to gain a better understanding of the challenge of determining human authorship in AI-generated works, the guidance and disclosure rules established by the Copyright Office, the importance of addressing copyright ownership and usage rights in AI-related license agreements, and the implications of joint ownership of AI models and output. Learn about the categories of work in which AI is being applied in the practice of law, e.g., legal research, document drafting, deposition preparation, and discovery review. Understand the various risks associated with AI, e.g., biased and inaccurate outputs, unauthorized disclosures of private data, and intellectual property infringement.  Get an overview of governmental regulation and guidance. Finally, start your journey to develop best practices in establishing AI governance teams and processes with an eye toward complying with regulations and mitigating risk. Check it out!

Litigation After Biometric Privacy Law Violations

July 9th, 2024|Categories: CLE OnDemand, Corporate Compliance, Insurance|Tags: , , , , |

In this CLE webinar, Anderson Kill attorneys, Cort Malone and John Leonard discuss the state of biometric privacy litigation, the regulatory landscape, and insurance coverage considerations and rulings.

Algorithmic Software Facilitated Price Fixing with Jonathan Rubin

July 3rd, 2024|Categories: Complex Business Litigation, ELP, Technology Law|Tags: , , , , |

Everyone knows that price fixing is against the law, chiefly Section 1 of the federal Sherman Antitrust Act of 1890. Competitors may not collude to set prices. However, there are relatively new price-calculation tools that some companies maintain take them out of the equation. With these tools, shared across an industry, firms do not have to directly swap private information with competitors. Instead, they feed their data to a third-party which uses algorithms to come up with prices. In this episode, we discuss what algorithmic or software-facilitated pricing is, what the law says about price collusion, how this new pricing mechanism violates the law, and recent developments in litigation. Our guest highly regarded antitrust attorney Jonathan Rubin, Partner and Co-Founder of MoginRubin LLP.

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