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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
So, we’ll start off with our familiar and cherished Enforcement Roundup, touch on emergency funding for the CFTC’s Whistleblower Program, talk about the CFTC’s advisory on artificial intelligence, get you ready for updates to...more
Dow Jones & Company, Inc. and NYP Holdings, Inc. v. Perplexity AI, Inc. - Plaintiffs Dow Jones and Company, Inc. and NYP Holdings, Inc., publishers of The Wall Street Journal and New York Post, (collectively, Plaintiffs),...more
Artificial Intelligence (“AI”) has roared into the discourse of the new economy. While the construction industry has lagged behind in its implementation, there is no doubt that AI has become an inescapable reality....more
On April 2, 2024, the New York State Bar Association’s (“NYSBA”) Task Force on Artificial Intelligence released a report concerning the use of artificial intelligence (“AI”) in the legal profession (“Report”). New York joins...more
Welcome to the March edition of Akin Intelligence. This month, the EU AI Act was approved by the European Parliament, moving one step closer to becoming the first major AI law. In the U.S., the DOJ brought criminal charges...more
Picture this: You’ve just been retained by a new client who has been named as a defendant in a complex commercial litigation. While the client has solid grounds to be dismissed from the case at an early stage via a...more
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
The race to develop AI and calls to regulate it are heating up around the world. In November 2023, 28 countries, including the United States, United Kingdom, China, and the European Union, met and pledged to work together to...more
Searching the internet for “AI and litigation” reveals tons of results about how AI will either replace lawyers or transform the legal profession. These results are unsurprising. Since the early 2010s, articles focusing on...more
Early in 2023, New York lawyer Steven A. Schwartz found himself in a bind when faced with a motion to dismiss an action he had commenced in state court that was subsequently removed to the District Court for the Southern...more
We previously wrote about the widely-publicized Southern District of New York case involving lawyers who submitted papers citing non-existent cases generated by the artificial intelligence program ChatGPT, Mata v. Avianca,...more
Artificial intelligence (“AI”) is not entirely foreign to the legal profession. AI-powered legal research databases, eDiscovery automation, and juror intelligence services are just a few examples of how lawyers have engaged...more
In filing a lawsuit many have dubbed “the first of its kind,” a radio host in Georgia is claiming that OpenAI, the company behind the artificial intelligence chat platform “ChatGPT,” is liable for defamation....more
Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more