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Algorithms Software

EDRM - Electronic Discovery Reference Model

Bar Battle of the Bots – Part Four: Birth of Scorpio

The AI bot battles rage on. This round, we test OpenAI’s newest contender, released April 16, 2025: ChatGPT o3. Not to be confused with its leaner sibling—ChatGPT o3-mini, which debuted in January. When we tested that old...more

Proskauer - Law and the Workplace

Another Legal Challenge to an AI Interviewing Tool

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

BakerHostetler

[Podcast] Making Moves: The USPTO Provides Guidance, Proposes Changes

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The U.S. Patent and Trademark Office had a busy summer in 2024. Businesses and individuals with AI and software-based inventions paid particularly close attention to the agency when, in July, it released updated guidance on...more

Hogan Lovells

AI Health Law & Policy: Complying with FDA GMP rules for AI-enabled diagnostic devices

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) recently issued a Warning Letter citing a failure to obtain marketing authorization via a premarket approval (PMA) or 510(k) clearance as well as Good Manufacturing Practice (GMP)...more

Orrick, Herrington & Sutcliffe LLP

EU Commission Clarifies Definition of AI Systems

The European Commission published guidelines that clarify the definition of AI systems under the AI Act, analyzing each component of the definition of AI system, providing examples and specifying which systems should be...more

EDRM - Electronic Discovery Reference Model

Custom GPTs: Why Constant Updating Is Essential for Relevance and Performance

Over the past few weeks, I’ve been immersed in the necessary but time-consuming task of updating my Custom GPTs—AI tools I designed using OpenAI’s GPT Builder platform. Some are private, tailored to my work as a lawyer,...more

Lathrop GPM

Transparency and AI: FTC Launches Enforcement Actions Against Businesses Promoting Deceptive AI Product Claims

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Numerous businesses today deploy artificial intelligence (AI) innovatively across various industries, with many companies eager to hop on the AI hype train and ride the momentum of new and innovative business tools. While...more

DLA Piper

Patenting Quantum Computing: Challenges, Trends, and Future Prospects

DLA Piper on

Predictions about the arrival of fault-tolerant quantum computing and commercially viable quantum computing vary widely. Some experts estimate that within the next three to five years, we may see early quantum advantage in...more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Examining Algorithmic Pricing Tools

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Proskauer - New Media & Technology

Contract Law in the Age of Agentic AI: Who’s Really Clicking “Accept”?

In May 2024, we released Part I of this series, in which we discussed agentic AI as an emerging technology enabling a new generation of AI-based hardware devices and software tools that can take actions on behalf of users. It...more

Mintz - Antitrust Viewpoints

DOJ Reaffirms Stance on Algorithmic Price Fixing, While Federal Judge Dismisses Price Fixing Complaint Against Software Company —...

On March 27, the Department of Justice Antitrust Division submitted a Statement of Interest (SOI) in a pricing algorithm case, in which it continues to argue that the use of third-party algorithmic price devices may...more

ArentFox Schiff

Strategies for Safeguarding AI Innovation: Navigating the Complex IP Landscape for AI Technologies

ArentFox Schiff on

The protection of intellectual property (IP) is vital in the fiercely competitive artificial intelligence (AI) industry, necessitating a deep understanding of how the complex IP framework can be effectively leveraged to...more

Husch Blackwell LLP

Artificial Intelligence: The ‘Black Box’ of Product Liability

Husch Blackwell LLP on

“With great power comes great responsibility,” and in the rapidly evolving landscape of Artificial Intelligence (“AI”), the intersection of innovation and legal responsibility is becoming increasingly complex. As AI becomes...more

Holland & Knight LLP

A Regulatory Assessment of AI Performance Guarantees

Holland & Knight LLP on

With the warranty industry evolving in the U.S., companies seeking to modernize conventional warranties by leveraging advanced technologies such as artificial intelligence (AI) are faced with unique regulatory questions and...more

A&O Shearman

California District Court Grants Software Company’s Motion To Dismiss In Algorithmic Price Fixing Case

A&O Shearman on

On March 21, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted defendant software company’s motion to dismiss plaintiffs’ claims of price-fixing under the Sherman...more

Mintz - Intellectual Property Viewpoints

Understanding How to Patent Agentic AI Systems

Artificial intelligence is evolving beyond simple pattern recognition and content generation into autonomous decision-making. Agentic AI systems act independently—or with limited human supervision—to achieve specific...more

Foley & Lardner LLP

The Symbiotic Future of Quantum Computing and AI

Foley & Lardner LLP on

Quantum computing has the potential to revolutionize various fields, but practical deployments capable of solving real-world problems face significant headwinds due to the fragile nature of quantum systems. Qubits, the...more

EDRM - Electronic Discovery Reference Model

Bar Battle of the Bots – Part One

The legal world is watching AI with both excitement and skepticism. Can today’s most advanced reasoning models think like a lawyer? Can they dissect complex fact patterns, apply legal principles, and construct a persuasive...more

Ropes & Gray LLP

[Podcast] Alumni @ RopesTalk: DeepSeek Deep Dive with Dr. Vasanth Sarathy, Tufts University

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On this special edition of Ropes & Gray’s Alumni @ RopesTalk podcast series, technology and IP transactions partner Regina Sam Penti is joined by Dr. Vasanth Sarathy, a professor of computer science at Tufts University and a...more

EDRM - Electronic Discovery Reference Model

Breaking New Ground: Evaluating the Top AI Reasoning Models of 2025

The year 2025 has brought us closer than ever to the dawn of artificial general intelligence, with AI systems now capable of reasoning on par with humans—or even surpassing them in specific domains. In this article, I examine...more

Jackson Lewis P.C.

The Importance of Being Erroneous: Are AI Mistakes a Feature, Not a Bug?

Jackson Lewis P.C. on

No one intentionally sets out to make a mistake. Yet, it has long been recognized by some of our greatest innovators from Thomas Edison to Albert Einstein to Henry Ford that making mistakes (and learning from them) is the key...more

Lowenstein Sandler LLP

Federal Court Rules Against ‘Fair Use’ Defense for AI Training

Lowenstein Sandler LLP on

On Tuesday, February 11, the U.S. District Court for the District of Delaware held in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc. that the defendant’s unauthorized use of the plaintiff’s...more

Cohen & Gresser LLP

Mandatory vs. Suggested Pricing: Algorithmic Price Setting and the Sherman Act

Cohen & Gresser LLP on

In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit...more

DLA Piper

How Many Neurons Must a System Compute Before You Can Call It AI? Unpicking the Guidelines on the AI Act’s Definition of...

DLA Piper on

Bob Dylan famously asked, “How many roads must a man walk down, before you can call him a man?”. The power of the question is that there is no answer – and comparing the tribulations of one person’s journey through life to...more

EDRM - Electronic Discovery Reference Model

Breaking the AI Black Box: How DeepSeek’s Deep-Think Forced OpenAI’s Hand

DeepSeek’s Deep-Think feature takes a small but meaningful step toward building trust between users and AI. By displaying its reasoning process step by step, Deep-Think allows users to see how the AI forms its conclusions,...more

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