Mealey's Artificial Intelligence

  • September 25, 2023

    OpenAI Given 1 Last Chance To Defend Jurisdiction In AI Defamation Case

    ATLANTA — Artificial intelligence company OpenAI LLC’s response to an order to show cause does not adequately name the members of its limited liability corporation or sufficiently state their citizenship, a federal judge in Georgia said in a Sept. 22 docket order warning that unless the company files a single document laying out the necessary facts, he would remand the defamation case.

  • September 25, 2023

    AI Company:  Health Care Startup Stole Sci-Fi-Based Trademark

    NEW YORK — A startup health care company that uses artificial intelligence to tailor treatments skipped the hard part of earning its own reputation and instead simply stole an existing and completely unique name and established trademark in an effort to confuse consumers, an artificial intelligence technology company tells a New York federal court.

  • September 22, 2023

    Employees Torpedoing AI Business Platform, Companies Say

    WILMINGTON, Del. — Three current and former employees of an artificial intelligence-based business intelligence platform took deliberate steps to torpedo a business by interfering with its functions and threatening to steal its intellectual property in retaliation for debts allegedly owed to them, two companies claim in a Sept. 21 opening brief seeking a temporary restraining order in the Delaware Chancery Court.

  • September 22, 2023

    AI Health Care Company Seeks To Defend Common-Law Trademark

    SAN FRANCISCO — A company’s registration of an already-in-use trademark and its intention to use the mark going forward sow confusion and tie the name’s existing goodwill to a disreputable entrepreneur in violation of the California unfair competition law (UCL), among others, a company hoping to use artificial intelligence in the medical education space says in a complaint.

  • September 21, 2023

    Best-Selling Fiction Writers Sue OpenAI For ‘Systematic Theft On A Mass Scale’

    NEW YORK — The Authors Guild and 17 of its members, who are best-selling fiction writers, filed a putative class complaint against OpenAI Inc. and related companies (OpenAI, collectively) in New York federal court, accusing the artificial intelligence research and deployment firm of “flagrant and harmful” infringement of their copyrighted works in the training of its large language models (LLMs) without obtaining licenses or permission.

  • September 21, 2023

    Sarah Silverman Seeks To Relate AI Suit Against Meta With Michael Chabon’s

    SAN FRANCISCO — A group of writers including comedian Sarah Silverman moved in California federal court to relate their putative class action against Meta Platforms Inc. for copyright infringement in its training of its artificial intelligence software with a similar suit filed by authors including Michael Chabon, one day after Meta moved to dismiss the litigation involving Silverman.

  • September 20, 2023

    Plaintiffs Dismiss Suit Challenging AI Chatbot Privacy Practices

    SAN FRANCISCO — After warning that the release of artificial intelligence was done with “disregard for the potentially catastrophic risk to humanity,” 16 anonymous plaintiffs voluntarily dismissed their complaint claiming that Microsoft Corp. and others violated federal privacy laws and state consumer protection laws, including California’s unfair competition law (UCL).

  • September 18, 2023

    COMMENTARY: Generative AI In Legal Practice: Technical And Legal Aspects To Consider

    By Dr. Ilia Kolochenko

  • September 07, 2023

    COMMENTARY: Establishing Guardrails For AI

    By Susan Divers

  • September 19, 2023

    Judge Grants AI Image Company Default Judgment In Trademark Dispute

    SAN FRANCISCO — A federal judge in California adopted a report and recommendation granting default judgment in a trademark case involving the “brazen conduct” of a “trademark pirate,” enjoining the defendants from infringing on artificial intelligence image generator Midjourney Inc.’s trademark and awarding $72,972 in attorney fees but denying a request for damages.

  • September 19, 2023

    Judge Warns About AI Use After ‘Shoddy’ Brief ‘Rife With Errors’

    MILWAUKEE — A federal judge in a footnote expressed concern that a brief “rife with errors” such as incorrect cites and quotes might have been the product of artificial intelligence (AI) and warned counsel in a civil rights case that “shoddy briefing” is especially problematic when responding to a motion for attorney fees.

  • September 12, 2023

    COMMENTARY: Practical Advice For Internal Artificial Intelligence Policy Development

    By James A. Sherer, Katherine Lowry, Theresa Weisenberger and Nichole Sterling

  • September 13, 2023

    Judge: Insurance-Home Sale Connection Claims Save AI Claims Handling Case

    CHICAGO — The theory that homeowners insurance constitutes a service connected to the sale of a home pushes the Fair Housing Act (FHA) to its boundaries but meshes with precedent, a federal judge in Illinois said in partially denying a motion to dismiss in a case alleging that an insurer’s artificial intelligence disproportionately flags claims by Black policyholders for greater scrutiny.

  • September 13, 2023

    Award-Winning Writers Sue AI Developers For Unfairly Using Copyrighted Books

    SAN FRANCISCO — Pulitzer Prize-winning author Michael Chabon, his wife and fellow author Ayelet Waldman and three other writers on Sept. 12 filed a putative class action in California federal court against Meta Platforms Inc. accusing it of copyright infringement and violating California’s unfair competition law (UCL) by integrating their copyrighted written works into a dataset it uses to train artificial intelligence software, days after they sued OpenAI for similar conduct.

  • September 12, 2023

    Man: ChatGPT Disclaimer Can’t Transform Defamatory Comments

    ATLANTA — OpenAI is subject to jurisdiction in Georgia based on its registration in the state, and disclaimers and terms of use are outside the scope of a motion to dismiss and in any case cannot transform defamatory comments into innocuous statements, a man told a federal court in Georgia in opposing the motion.

  • September 12, 2023

    Class Claims OpenAI Violated UCL, Privacy Law In Training ChatGPT

    SAN FRANCISCO — Plaintiffs in a putative class action say artificial intelligence ChatGPT trained on private and personally identifiable information from hundreds of individuals of all ages in violation of federal and state privacy laws and the California unfair competition law (UCL).

  • September 11, 2023

    Judge Approves Consent Decree In Hiring Algorithm Age Discrimination Case

    BROOKLYN, N.Y. — A federal judge in New York on Sept. 8 approved a consent decree resolving Equal Employment Opportunity Commission allegations that a trio of English-language tutoring companies excluded more than 200 applicants on age-related grounds by training their hiring algorithm to identify and reject older applicants.

  • September 08, 2023

    2nd Class Action Targets Cigna’s Alleged Use Of AI In Denying Claims

    NEW HAVEN, Conn. — Health insurer Cigna Health and Life Insurance Co. denies claims en masse using artificial intelligence (AI) knowing that most insureds will either forgo care or not spend the time on an appeal, plaintiffs allege in a putative class action filed in Connecticut federal court.

  • September 08, 2023

    Panel Undoes JMOL, In Part, In ‘Rex Real Estate’ Trademark Row

    NEW ORLEANS — A federal judge in Texas wrongly concluded that a reasonable jury could not find a likelihood of confusion between a real estate company and an artificial intelligence (AI)-based real estate website both operating as “Rex Real Estate,” the Fifth Circuit U.S. Court of Appeals has ruled, partially reversing and remanding a grant of judgment as a matter of law (JMOL).

  • September 08, 2023

    Plaintiffs Say Bank Contract Doesn’t Require Arbitrating AI Voice Privacy Claims

    OAKLAND, Calif. — A provision in customers’ contracts with a bank does not require arbitration of claims alleging privacy violations against the maker of an artificial intelligence voice confirmation program used by that bank, plaintiffs tell a federal judge in California in opposing a motion to arbitrate.

  • September 08, 2023

    Court Reporting Service: Evidence Doesn’t Show Blackballing Of AI Creator

    AUSTIN, Texas — A court reporting service told a federal judge in Texas in a reply in support of a motion to dismiss that there is no evidence that it participated in the alleged scheme to blackball the creator of an artificial intelligence speech-to-text program and the plaintiffs simply attempt to impute the alleged actions of others onto it.

  • August 31, 2023

    Copyright Office Seeks Comments On Way Forward With Artificial Intelligence

    WASHINGTON, D.C. — The U.S. Copyright Office on Aug. 30 issued a notice of inquiry seeking comments related to artificial intelligence and whether legislative or regulatory steps are necessary.

  • August 31, 2023

    Artificial Intelligence Task Force Created By Bar Association

    WASHINGTON, D.C. — The American Bar Association (ABA) formed a task force to examine the impact of artificial intelligence and the potential ethical pitfalls its use might pose for lawyers, according to a press release.

  • August 29, 2023

    AI Companies Say ‘Fair Use’ Protects Chatbot From Copyright Holders’ Class Suit

    SAN FRANCISCO — OpenAI Inc. and affiliated companies that developed the ChatGPT AI program on Aug. 28 moved to dismiss the bulk of two putative class actions filed against them by writers and copyright holders including comedian Sarah Silverman, arguing that the plaintiffs failed to plead copyright infringement as OpenAI never distributed “derivative works” and was allowed under “fair use” to train its chatbot with large datasets of text.

  • August 28, 2023

    Counsel Disqualified From Dispute Over AI-Store Company Sale

    SAN DIEGO — A federal judge in California disqualified defense counsel in a case over the sale of an artificial intelligence online store front management company, saying the firm’s representation of the company before, during and after the sale disqualifies it from now representing the defendants.