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Algorithms Class Action

Arnall Golden Gregory LLP

UnitedHealthcare Must Face State Law Claims in Class Action Suit for AI Driven Coverage Denials of Medicare Advantage Claims

Daytime television inundates American seniors with advertisements for UnitedHealthcare’s (“UHC”) Medicare Advantage Plans. On its website, UHC claims its Medicare Advantage Plans “stand out from the rest,” providing...more

DLA Piper

Lawsuit Over AI Usage by Medicare Advantage Plans Allowed to Proceed

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The US District Court for the District of Minnesota has ruled that plaintiffs may proceed in a putative class action lawsuit brought against a Medicare Advantage organization (MAO) to challenge its alleged use of an...more

Morrison & Foerster LLP

State Attorneys General Continue to Collaborate on Bipartisan Issues

State Attorneys General (AGs) across the country continue their bipartisan collaboration on issues affecting citizens across state lines. State AGs have long worked in multi-state groups related to broad-based investigations...more

Holland & Knight LLP

Latest Collusion-by-Algorithm Ruling Offers More of Same, but a Significant New Twist

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Starting in October 2022, companies that use software to assist in setting prices for their products have faced an avalanche of litigation claiming that the common use by competitors of the same pricing software inflates...more

Mintz - Antitrust Viewpoints

Information Sharing in the Trump Administration

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more

Proskauer - Minding Your Business

DOJ Targets AI Pricing Algorithms: RealPage Case Signals Potential Shift in Antitrust Enforcement

The Department of Justice and eight state attorneys general filed a civil antitrust lawsuit in August against RealPage Inc. – a Texas-based software company that provides property management software – and several landlords...more

Ankura

The Next Wave of Mass Claims: Future Trends in Group Litigation

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On 6 June 2024, Ankura, Baker McKenzie, Henderson Chambers, Fladgate LLP, and Shieldpay hosted the panel, "The Next Wave of Mass Claims: Future Trends in Group Litigation” as part of London International Disputes Week 2024....more

Goodwin

Five Steps Hotel Owners, Operators, and Management Companies Can Take to Mitigate Risk in the Face of Heightened Antitrust...

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Revenue-management tools are ubiquitous across sectors, but many hotel owners, operators, and management companies use such tools on a daily basis. As these products have improved, many have incorporated algorithms enabling...more

Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

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In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Kerr Russell

Price Collusion in the Crosshairs

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There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

Holland & Knight LLP

DOJ Introduces New Twist in Algorithmic Collusion Cases

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It has been almost two years since private plaintiffs initiated the first antitrust class action cases against RealPage and owners and managers of multifamily apartment buildings, alleging collusion by algorithm in the use of...more

Seyfarth Shaw LLP

Authors Fight Court Order to Produce Pre-Suit Testing Data from ChatGPT in OpenAI Copyright Lawsuit

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Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner...more

Troutman Pepper Locke

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

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Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

Pillsbury Winthrop Shaw Pittman LLP

California’s Ban on Drip Pricing Begins July 1, 2024

Starting July 1, businesses transacting with California consumers must include “all mandatory fees or charges” in advertised prices. California’s self-proclaimed “most effective in the nation” ban on drip pricing goes into...more

ArentFox Schiff

FTC Makes Statement on Connected Vehicle Data as Major Automaker Faces Class Action for Data Sharing Practices

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Connected cars have been on the FTC’s radar for years. Its most recent blog post specifically highlights the Commission’s concerns regarding over collecting-- and the risk of secondary uses-- of sensitive data, such as...more

Morris, Manning & Martin, LLP

Unveiling The Pitfalls: The Real Risks Of Using RealPage

Over the last decade, apartment owners and managers have increasingly used algorithm-based software to set rents. This practice and its practitioners are now under scrutiny as many owners and operators are being investigated...more

Holland & Knight LLP

DOJ "Triples Down" on View that Use of Pricing Algorithms Can Support Price-Fixing Claims

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The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to...more

Carlton Fields

For Now, Generative AI Is Risky For Class Action Counsel

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Our firm recently conducted a survey that reveals conflicting views by companies regarding whether their outside counsel should use generative artificial intelligence. Originally published in Law360....more

Carlton Fields

Digital Collusion or Warp-Speed Competition? Evaluating the Agreement Element in the Algorithmic Pricing Antitrust Cases

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Picture this: At a meeting of local landlords, one participant raps his knuckles on the table and announces his grand idea for increasing the group’s collective profits. Each landlord should “independently” contract with a...more

Patterson Belknap Webb & Tyler LLP

Increase in Securities Litigation and Regulatory Scrutiny Concerning Artificial Intelligence

Several recent lawsuits, and comments by the U.S. Securities and Exchange Commission (“SEC”) and Federal Trade Commission (“FTC”), underscore the increasing litigation and regulatory scrutiny concerning the use of artificial...more

Proskauer - Law and the Workplace

Judge Grants Workday, Inc.’s Motion to Dismiss in Groundbreaking AI Class Action Lawsuit Mobley v. Workday

In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening...more

ArentFox Schiff

Health Insurers Sued Over Use of Artificial Intelligence to Deny Medical Claims

ArentFox Schiff on

With the surge of interest in artificial intelligence (AI), it should be no surprise that health insurers have come under scrutiny concerning their use of AI predictive tools to deny medical insurance claims. The question...more

Seyfarth Shaw LLP

How the Federal Government’s AI Risk Management Practices Will Set the Standard: A Closer Look at Government Action Following...

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Seyfarth Synopsis: Following President Biden’s comprehensive Executive Order on AI, the White House announced the formation of the “US AI Safety Institute” within the Commerce Department’s technology arm, the NIST. The...more

White & Case LLP

Edition 4 of the AI Legal News Summer Roundup

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In this edition, key themes include creators and consumers seeking more control and protection over how their content is used to train AI models (whether under copyright law or privacy laws), and governments grappling with...more

Morrison & Foerster LLP - Social Media

Social Links: Embedding social media posts can be considered copyright infringement…but is it?

Social Links is our ongoing series here at Socially Aware that rounds up current developments at the intersection of social media, policy, research, and the law. Embedding social media posts can be considered copyright...more

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