Mealey's Artificial Intelligence : Mealey's : Legal News & Analysis

Mealey's Artificial Intelligence

February 07, 2024
Cigna: ERISA Plans Bar Algorithm Health Care Claims; UCL Claims Lack Specificity

SACRAMENTO, Calif. — Insureds’ cannot demonstrate denial of claims based solely on review by an algorithm or that the use of such a tool would violate the provisions of their Employee Retirement Income Security Act plans, the insurer tells a federal judge in California in a motion to dismiss while arguing that the plaintiffs fail to plead their California unfair competition law (UCL) claims with requisite specificity.
February 06, 2024
Parties Debate Injunction Record, Await Ruling In OpenAI Trademark Dispute

SAN FRANCISCO — OpenAI Inc. submitted what it portrays as an administrative motion to supplement the record but really is a local-rule-breaking attempt at filing a surreply in support of its motion for a preliminary injunction and fails to show the type of confusion the relief it seeks would warrant, defendants in a suit over a trademark and domain name argue in an opposition brief filed in California federal court.
January 12, 2024
COMMENTARY: Significant Regulatory Developments In 2023 In Artificial Intelligence

By Camila Tobón
February 05, 2024
Judge Partially Dismisses African American’s AI Hiring Discrimination Case

SAN FRANCISCO — A man alleging that a company’s artificial intelligence discriminates in hiring practices sufficiently shows that an Equal Employment Opportunity Commission charge intermingles disparate impact and intentional discrimination issues in a way that constitutes administrative exhaustion for the purposes of the latter claim, but there are insufficient allegations that the defendant acted as an employment agency for the places at which he applied or enjoys control over the employment processes, a federal judge said in partially granting a motion to dismiss.
February 01, 2024
Late Objection Bid Draws Opposition In Vesttoo Chapter 11 Cases

WILMINGTON, Del. — Asserting that “Vesttoo’s defrauded creditors have overwhelmingly voted to accept” a Chapter 11 plan of liquidation for Vesttoo Ltd. and dozens of its affiliates, two creditors are among the entities urging a Delaware federal bankruptcy court to reject a motion to allow an untimely objection to claims against one of the affiliates.
January 31, 2024
Fabricated ChatGPT Cite Leads To 2nd Circuit Grievance Board Referral

NEW YORK — The Second Circuit U.S. Court of Appeals on Jan. 30 referred an attorney to its grievance board for “conduct that falls below the basic obligations of counsel” after she submitted a citation fabricated by artificial intelligence ChatGPT, saying federal rules require that at the very least, attorneys verify the case law they submit in support of their argument.
January 30, 2024
Counsel In Probate Action Faces Sanctions For Possible AI Misuse

BROOKLYN, N.Y. — Probate counsel’s possible reliance on generative artificial intelligence isn’t problematic, but the fact that the lawyer didn’t take the simple steps required to confirm the accuracy of the material cited in a reply brief is, a judge in New York said in striking a pleading and setting a hearing for possible sanctions.
January 29, 2024
No Laughing Matter: Dudesy AI Sued Over George Carlin Comedy Video

LOS ANGELES — Individuals using an artificial intelligence created and publicly posted a “click-bait” video of deceased comedian George Carlin without authorization for the use of his likeness or any license to use copyrighted material, the comedian’s representatives allege in a lawsuit filed in California federal court.
January 26, 2024
FTC Wants Look At Amazon, OpenAI, Others’ AI Investments, Partnerships

WASHINGTON, D.C. — The Federal Trade Commission on Jan. 25 announced that it is seeking information from a handful of companies related to their artificial intelligence investments and partnerships, according to an announcement.
January 25, 2024
Vesttoo Bankruptcy Debtors: Proceeding In Israel Would Be More Efficient

WILMINGTON, Del. — A variety of objections have been lodged in Delaware federal bankruptcy court regarding the Official Committee of Unsecured Creditors’ Chapter 11 plan of liquidation for Vesttoo Ltd. and 48 affiliates, including one in which the debtors argue that the cases should be dismissed “so that more efficient insolvency proceedings can be filed in Israel.”
January 24, 2024
Copyright Act Protects AI-Generated Artwork, Man Says On Appeal

WASHINGTON, D.C. — Precedent governing application of the Copyright Act doesn’t require a human creator, and the law’s very purpose supports granting its protections to art created by an artificial intelligence, a man tells the District of Columbia Circuit U.S. Court of Appeals.
January 24, 2024
Authors In OpenAI Copyright Fight Praise Joint Stipulation, Oppose Stay

NEW YORK — Parties’ carefully crafted stipulation creates “tremendous efficiencies” while removing the threat of dismissal motions and attempts to transfer a pair of class action copyright lawsuits against OpenAI Inc., and the court should reject an outside party’s request that it be stayed and a steering committee be formed, authors tell a federal judge in New York in a Jan. 23 letter.
January 23, 2024
Music Publishers Say Proposed Amicus Brief In AI Case Is Off Key

NASHVILLE, Tenn. — Music publishers on Jan. 22 said a proposed Jan. 19 amicus curiae brief by groups comprising artificial intelligence investors is unnecessary at this stage of their copyright infringement lawsuit and is unlikely to add much to the dispute other than costs and time.
January 23, 2024
Authors, OpenAI Entities Stipulate To Case Guidelines In Copyright Lawsuit

NEW YORK — Parties to class action copyright lawsuits against OpenAI Inc. and related entities brought by fiction writers and nonfiction authors have agreed to consolidate the two cases and that the defendants will not seek transfer or dismissal of existing claims, among other framework for the cases to proceed, a federal judge in New York said in a Jan. 22 order adopting the stipulation. Meanwhile, two journalists who recently filed a similar suit asked the court on Jan. 23 to hold the stipulation in abeyance until the court decides whether to include their suit in the consolidated actions.
January 23, 2024
Judge Denies OpenAI’s Motion To Dismiss Georgia Defamation Case

ATLANTA — OpenAI LLC must face a Georgia case claiming that its ChatGPT artificial intelligence defamed a man after a state court judge denied a motion to dismiss claims based on the program erroneously reporting that the man stood accused of embezzlement.
January 22, 2024
Tennessee Governor: Bill Will Further Protect Performers From AI

NASHVILLE, Tenn. — Tennessee’s governor announced forthcoming legislation designed to protect the state’s songwriters, performers and other music industry professionals from artificial intelligence (AI).
January 22, 2024
ASU-OpenAI Partnership Explores AI In Schooling

TEMPE, Ariz. — Arizona State University and OpenAI LLC will collaborate on an effort to explore how artificial intelligence can enhance teaching and learning while also reinforcing privacy and security, a first-in-the nation pairing, according to a news release from the school.
January 22, 2024
Meritless Publicity Claims In AI Copyright Suit Warrant Fee Award, Company Says

SAN FRANCISCO — Because the plaintiffs dropped right-to-publicity claims from their amended complaint challenging artificial intelligence’s use of their works, it is clear that those claims were meritless, and the court should grant a motion to strike and award fees under the state’s anti-SLAPP statute, Stability AI Ltd. tells a federal judge in California in a reply brief.
January 18, 2024
Anthropic Defends Use Of Copyrighted Lyrics, Says Injunction Unnecessary

NASHVILLE, Tenn. — Music publishers filed suit in the wrong jurisdiction, but besides that, no evidence suggests that Anthropic PBC’s Claude artificial intelligence will produce copyrighted lyrics going forward absent “special attacks” designed to get it to do so, that the use of those works for training is anything other than fair use or that any use of the copyrighted works caused an injury, the company argues in opposing a preliminary injunction.
January 18, 2024
Committee Seeks To Bar Some Claimants In Vesttoo Cases From Liquidation Vote

WILMINGTON, Del. — The Official Committee of Unsecured Creditors on Jan. 17 asked a Delaware federal bankruptcy court to reclassify 49 disputed claims so the joint provisional liquidators (JPLs) that submitted them can’t vote on the committee’s Chapter 11 plan of liquidation for Vesttoo Ltd. and 48 affiliates.
January 17, 2024
Tax Prep Software Firm Says Competitor Misstates AI Comparison, Pricing

SAN JOSE, Calif. — A federal judge on Jan. 16 expedited a motion for a temporary restraining order (TRO) and preliminary injunction in a new lawsuit claiming that misrepresentations about a tax preparation software’s artificial intelligence abilities and pricing violate California’s unfair competition and false advertising laws.
January 12, 2024
COMMENTARY: The Changing Landscape Of Antitrust Scrutiny In A Post-Pandemic World

By Gary Foster, Raphael Kiess and Rishi Chhatwal
January 12, 2024
Stanford Researchers Find ‘Alarmingly High’ Failures In Legal AI

STANFORD, Calif. — Large language models (LLMs) demonstrated an “alarmingly high” error rate when used in the legal field, with the AIs unable to identify core holdings in opinions at least 75% of the time and producing hallucinations at rates of up to 88% when they were asked specific legal inquiries, Stanford University researchers said Jan. 11.
January 11, 2024
AI Can’t Patent Inventions, United Kingdom’s Supreme Court Says

LONDON — The law of the United Kingdom recognizes natural persons as inventors and does not extend to an artificial intelligence, the country’s top court said in affirming denial of two patents.
January 10, 2024
Clothing Retailer Rejects Claims Its AI Systematically Steals

LOS ANGELES — Claims involving a clothing retailer’s use of artificial intelligence implicate ordinary business practices and cannot form the basis of Racketeer Influenced and Corrupt Organizations Act and copyright claims, Shein Distribution Corp. says in a reply brief rebutting designers’ claims that the company systematically duplicates and steals protected and commercially valuable designs.