Mealey's Artificial Intelligence
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December 15, 2023
RIAA To High Court: Use Equitable Tolling For ‘Black Box,’ AI-Based Infringement
WASHINGTON, D.C. — In one of eight amicus curiae briefs filed in a dispute over the discovery accrual rule in the context of copyright infringement, the Recording Industry Association of America (RIAA) urges the U.S. Supreme Court to clarify that equitable tolling applies to the Copyright Act’s three-year limitations period when the infringement “is undetectable as a practical matter.”
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December 15, 2023
Plaintiffs: Humana Uses Artificial Intelligence, Denies Senior Care In Bad Faith
LOUISVILLE, Ky. — Humana Inc. denies elderly patients Medicare Advantage Plan coverage to which they are entitled through the employment of artificial intelligence in place of actual doctors, plaintiffs claim in a class action filed in a Kentucky federal court.
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December 14, 2023
Journalist Says Government Can’t Defend Withholding FOIA AI Documents
WASHINGTON, D.C. — No statutory or logical basis prevents the Department of Defense (DOD) from releasing 5,000 documents it concedes are responsive to a Freedom of Information Act (FOIA) inquiry about Google Inc.’s role in the Project Maven artificial intelligence program, a journalist tells a federal judge in the District of Columbia in a cross-motion and opposition to summary judgment.
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December 14, 2023
Israeli Law Raised In Feedback On Liquidation Plan For Vesttoo And Its Affiliates
WILMINGTON, Del. — In two Dec. 13 filings citing Israeli law and other issues, Vesttoo Ltd. and its affiliated debtors and a venture capital organization and individual that report significant related interests urge a Delaware federal bankruptcy court not to approve a Chapter 11 plan of liquidation and related arrangements as currently proposed.
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December 13, 2023
Authors Amend Copyright Claim Against Meta For Using Books To Train AI
SAN FRANCISCO — Three weeks after a California federal judge called their theory of copyright infringement “nonsensical,” 13 authors filed an amended putative class complaint against Meta Platforms Inc. dropping all claims except for a direct copyright infringement claim against Meta for using their copyrighted works to train its AI chatbots.
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December 12, 2023
State Court Hears Arguments On Motion To Dismiss In ChatGPT Defamation Case
ATLANTA — A Georgia state court held a hearing on a OpenAI LLC’s motion to dismiss defamation claims against it over ChatGPT content naming a journalist as a defendant in a financial misconduct case to which he was not a party.
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December 12, 2023
SEC Says AI Startup Is Wrong To Call False Statements About Legality Unactionable
ORLANDO, Fla. — An artificial intelligence startup and its founder are incorrect to say the Securities and Exchange Commission’s complaint against them are based on unactionable statements, the SEC says in a Dec. 11 memorandum filed in a federal court in Florida in opposition to the motion to dismiss, saying the complaint sufficiently alleges that the company and its founder lured investors with false promises of early access to profits from an AI “ecosystem.”
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December 12, 2023
Parties To AI Rental Price Antitrust Suit Brief Recent Precedent
NASHVILLE, Tenn. — With a motion to dismiss fully briefed and the United States filing a notice of interest in a case alleging antitrust violations stemming from the use of algorithmic and artificial intelligence-based rental pricing software, the parties briefed a federal judge in Tennessee on the impact of recent Fourth Circuit U.S. Court of Appeals precedent governing the requirements for antitrust claims.
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December 12, 2023
Washington High Court Seeks Comments On Attorney Training, Including AI Chatbot Use
SEATTLE — The Washington Supreme Court asked for comments about proposed amendments to the state’s continuing legal education system involving legal technology, including the handling and use of artificial intelligence chatbots.
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December 12, 2023
Judge Stays Discovery In Case Alleging AI Founder Was Tricked Into Selling Stake
SAN FRANCISCO — A federal judge in California stayed discovery pending resolution of a motion to dismiss in a man’s case claiming that he was tricked into believing that his stake in an artificial intelligence company was worthless.
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December 07, 2023
COMMENTARY: Fire & Rain: 2023 Key Decisions & Developments Impacting The Wide World Of Insurance
By Scott M. Seaman, Pedro E. Hernandez and Lisa M. Roccanova
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December 01, 2023
Shareholders: Lending Platform Misconstrues Judge’s Order In Motion To Reconsider
CINCINNATI — A lending platform and certain related defendants, accused by shareholders of making inaccurate claims about the platform’s use of artificial intelligence to approve loans, indicated in a notice in an Ohio federal court no opposition to several investment funds’ motion to intervene in the suit, a day after the shareholders filed a memorandum in opposition to the lending platform’s motion to reconsider an order partially dismissing the suit.
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December 01, 2023
AI Music Copyright Defendant Says Tennessee Jurisdiction Strikes Wrong Beat
NASHVILLE, Tenn. — In a motion to dismiss, artificial intelligence company Anthropic PBC told a federal court in Tennessee that a copyright suit was a “negotiating tactic disguised as a federal court complaint” with no connection to the jurisdiction and that at the very least, the action should be transferred to California, where almost all of the parties reside.
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November 30, 2023
In GitHub AI Copyright Suit, Parties Told To Meet, Confer Not Move To Compel
SAN FRANCISCO — While a California federal court mulls a second round of motions from OpenAI Inc., GitHub Inc. and Microsoft Corp. seeking dismissal of claims under the Digital Millennium Copyright Act (DMCA) and California’s unfair competition law (UCL) related to allegations of improper attribution in the development of an artificial intelligence tool, a magistrate judge denied the plaintiffs’ motion to compel discovery responses in favor of a directive for the parties to meet and confer about discovery disputes.
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November 28, 2023
Court Must Amend Ruling Dismissing AI Legal Services Case, Law Firm Argues
EAST ST. LOUIS, Ill. — A ruling dismissing a case against an artificial intelligence legal services company for lack of Article III standing without prejudice only if a law firm files an amended complaint would impermissibly allow a case to be dismissed with prejudice, when dismissal for lack of Article III standing can never be with prejudice, a law firm told a federal court in Illinois in asking it to amend its ruling.
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November 28, 2023
Colorado Lawyer Who Failed To Disclose False ChatGPT Cites Suspended
DENVER — A lawyer’s undisclosed use of ChatGPT, which produced incorrect or fictitious cites in crafting a motion, violated various rules of professional conduct, the Colorado Supreme Court said in suspending the attorney for the 90 days served and suspending the remainder of his one-year and one-day sentence pending completion of a two-year probation.
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November 15, 2023
COMMENTARY: Developments In The Use Of AI In Financial Investigations
By Keith Williamson and Robert Cruse
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November 27, 2023
Unsecured Creditors Propose Liquidation Plan For Vesttoo And Its Affiliates
WILMINGTON, Del. — The Official Committee of Unsecured Creditors has proposed a Chapter 11 plan of liquidation for the jointly administered cases of Vesttoo Ltd. and 48 affiliates in Delaware federal bankruptcy court, with a Dec. 13 objection deadline.
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November 21, 2023
Music Publishers Seek To Enjoin ‘Blatant’ AI Copyright Violations
NASHVILLE, Tenn. — Anthropic PBC built its artificial intelligence model and billion-dollar business on “blatant and widespread copyright infringement,” leading music publishers claim in a motion filed in a federal court in Tennessee seeking a preliminary injunction hoping to prevent “incalculable harm.”
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November 21, 2023
Judge Dismisses ‘Nonsensical’ Copyright Claims For Meta’s Use Of Books To Train AI
SAN FRANCISCO — A California federal judge on Nov. 20 granted a motion to dismiss the bulk of claims brought by authors in two related putative class actions against Meta Platforms Inc. for copyright infringement based on its use of their written works to train its artificial intelligence software, calling the plaintiffs’ “derivative works” argument “nonsensical.”
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November 17, 2023
AI Court Reporting Service Would Violate Texas Law, Lacks Standing, Judge Says
AUSTIN, Texas — An artificial intelligence-based speech-to-text transcription service violates Texas law requiring court reporters to be certified and lacks standing to bring antitrust claims surrounding the alleged blackballing of it and a related company, a federal judge in Texas said Nov. 16 in largely granting motions to dismiss but denying a motion for summary judgment as premature.
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November 17, 2023
Man Allegedly Defamed By ChatGPT Appeals Attorney Fee Ruling
ATLANTA — A man said in a Nov. 16 notice that he is appealing to the 11th Circuit U.S. Court of Appeals a decision by a federal judge in Georgia not to award him attorney fees after OpenAI LLC conceded that it could not defend removal of a defamation case alleging that ChatGPT incorrectly named him as a defendant in a financial misconduct suit.
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November 16, 2023
2 Estates’ Class Suit Accuses UnitedHealth Of Care Denial By AI
MINNEAPOLIS — An insurer illegally employs artificial intelligence (AI) to deny elderly insureds medically necessary care based on a model that the insurer knows “has a 90% error rate,” two estates allege in a class complaint filed in a federal court in Minnesota.
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November 15, 2023
Expelled Student Claims AI Anti-Cheating Program, School Discriminated
MIAMI — A university and a testing company misrepresented the efficacy of artificial intelligence-based software and discriminated against an African American student who suffers from attention deficient hyperactivity disorder (ADHD) when the software improperly identified her as a cheater and she was expelled, the student says in a lawsuit filed in Florida federal court.
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November 14, 2023
Activists: Oregon Silencing Election Speech With Artificial Intelligence
PORTLAND, Ore. — The state of Oregon uses an artificial intelligence surveillance company to “detect, trace and target” criticisms of its election system in a “dystopian censorship” scheme, Republican politicians, an election integrity advocate and others allege in a complaint.