News & Analysis as of

Artificial Intelligence Machine Learning Class Action

EDRM - Electronic Discovery Reference Model

Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing Order that, absent good cause, parties “shall use” one of the...more

Seyfarth Shaw LLP

Commercial Litigation Outlook - 2025

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Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material...more

A&O Shearman

Increasing insider threats and the importance of AI governance

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China’s ByteDance, the parent company of TikTok, is seeking USD1.1 million in damages from a former intern accused of sabotaging its artificial intelligence (AI) large language model training infrastructure....more

Robinson+Cole Data Privacy + Security Insider

Artists’ Copyright Infringement Suit Against AI Companies Can Proceed

In 2023, visual artists Sarah Andersen, Kelly McKernan, and Karla Ortiz filed a class action lawsuit against several Artificial Intelligence (AI) companies, alleging that the companies’ various AI models violated copyright...more

Jones Day

SEC's and Private Litigants' Continued Focus on "AI Washing"

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On September 4, 2024, U.S. Securities and Exchange Commission ("SEC") Chair Gary Gensler reiterated concerns about artificial intelligence-related ("AI") disclosures and the need for companies to communicate accurately about...more

Sheppard Mullin Richter & Hampton LLP

CARU Settles With KidGeni AI Platform Over Alleged Privacy Violations 

The Children’s Advertising Review Unit recently settled with KidGeni – a generative art platform intended for children- for allegedly violating both CARU’s guidelines and COPPA. According to CARU, which is a self-regulatory...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

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

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Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more

Eversheds Sutherland (US) LLP

Courtside Counsel - June 2024

The NCAA reaches a historic settlement to pay college athletes. What to know: NPR - What: On May 23, 2024, the NCAA and the so-called “power five” athletic conferences reached a groundbreaking agreement that seeks to end...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

Weintraub Tobin

Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit

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OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging...more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

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On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Seyfarth Shaw LLP

Commercial Litigation Outlook - 2024

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By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more

ArentFox Schiff

Legal Considerations for GCs and CFOs in the Fashion and Retail Industry in 2024

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The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for...more

Sheppard Mullin Richter & Hampton LLP

Getty Image’s AI Model Training Lawsuit in UK Against Stability to Proceed 

A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models...more

Goodwin

Unlocking AI’s Power to Multiply Manufacturing Productivity

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To capture AI’s promise, manufacturers must take steps to protect privacy and root out bias, particularly when they train their systems on data about employees. ...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

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

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Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...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

Rothwell, Figg, Ernst & Manbeck, P.C.

FTC Launches Investigation into OpenAI

Following its many warnings of impending enforcement action against entities providing Artificial Intelligence (“AI”) products, the FTC has officially launched an investigation into OpenAI. The FTC initiates its investigation...more

Barnea Jaffa Lande & Co.

California: Class Action against ChatGPT for Breach of Privacy

Regulations governing the use of AI technologies are constantly evolving in countries around the world. A class action is currently underway in California against Microsoft and OpenAI. The action alleges various violations of...more

Dorsey & Whitney LLP

Artists v. AI Images

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AI technology is developing at a tremendous pace and AI image creation is no exception. AI images are even winning art contests. Since AI generates artistic images modeling others’ work, human artists are asking “is it...more

Barnea Jaffa Lande & Co.

Lawsuits and Enforcement: Privacy Violations through AI Tech

A number of lawsuits and regulatory proceedings filed last week focus on aspects of privacy protection and data security during use of artificial intelligence, specifically in relation to OpenAI’s ChatGPT software....more

Ankura

Behind the Expert with Angela Sabbe: The Keys to Developing a Winning Strategy with Data

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Angela Sabbe is a Managing Director and expert in the Ankura Competition & Class Action practice. For more than 20 years, Angela has devoted her expertise to advising companies and in-house counsel with winning strategies and...more

Amundsen Davis LLC

Artists Challenge AI Alleging Copyright Violations

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Artificial Intelligence is rapidly changing the creative landscape. ChatGPT and other text generators can churn out realistic poems, essays, white papers, and other pieces of prose in response to simple commands or...more

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