Duane Morris TechLaw

November 24, 2025 by Duane Morris

Class Action Litigation Landscape for Gen AI

This year has been a busy one in the generative artificial intelligence (gen AI) class action litigation landscape. New pleadings were filed, including several new class actions, several consolidated and amended complaints, and one appeal. Several key decisions were issued, including a trio that formed a three-way split of authority on how to determine whether training a gen AI model on copyrighted materials constitutes “fair use” under the Copyright Act. Additionally, one humongous settlement was reached.

Read the full article by Justin Donoho.

November 18, 2025 by Duane Morris

Can AI Creations Be Copyrighted? Supreme Court Could Decide

By Mark Lerner

Following a refusal to grant a copyright registration to Stephen Thaler for a work whose sole author was identified as “Creativity Machine,” a generative AI Thaler created, the D.C. Circuit affirmed that works authored exclusively by artificial intelligence are ineligible for copyright protection under the Copyright Act, which the court read to require human authorship, in keeping with the Copyright Office interpretation and prior case law. A petition for certiorari and a supporting amicus brief now ask the U.S. Supreme Court to take up the question of whether the Copyright Act requires human authorship, arguing that the statute’s text, structure and purpose do not categorically impose such a requirement and that existing doctrines leave room for AI to be recognized as the author of protected works.

Read the full Alert on the Duane Morris website.

October 23, 2025 by Duane Morris

Webinar: FDA Oversight of AI and Machine Learning in Medical Devices

Duane Morris will host the third session of its Wearable Webinars Series, Product Liability and IP Strategies for Wearables, on Tuesday, November 4, 2025, 12:00 p.m. to 12:30 p.m. Eastern.

REGISTER

Agatha Liu, Ph.D., will cover how wearables with diagnostic, monitoring or therapeutic claims fall under the FDA’s software as a medical device framework, including predetermined change control plans, good machine learning practices and real-world performance monitoring of adaptive algorithms.

October 23, 2025 by Duane Morris

Replay: Wearables Webinar Series, Part 2: Cybersecurity and Data Privacy Concerns for Wearables

A replay of “Wearables Webinar Series, Part 2: Cybersecurity and Data Privacy Concerns for Wearables” is now available for viewing.

October 17, 2025October 17, 2025 by Duane Morris

Calif. Governor Rejects “No Robo Bosses” Act

By Alex. W. Karasik, Brian L. Johnsrud, and George J. Schaller

Duane Morris Takeaways: On October 13, 2025, California Governor Gavin Newsom, issued a written statement declining to sign Senate Bill 7 – called the “No Robo Bosses” Act (the “Act”). While the Act aimed to restrict when and how employers could use automated decision-making systems and artificial intelligence, Governor Newsom rejected the proposed legislation in terms of the Act’s broad drafting and unfocused notification requirements. Governor Newsom’s statement reflects an initial rebuttal to a wave of pending AI regulations as states wrestle with suitable AI guidance. Given the pro-employee tendencies of Governor Newsom and California regulators generally, this outcome is a mild surprise. Employers nonetheless should expect continued scrutiny of AI regulations before enactment.

This legislative activity surely sets the stage for what many believe is the next wave of class action litigation.

See more on the Duane Morris Class Action Defense Blog.

October 14, 2025 by Duane Morris

Webinar: Emerging AI Applications in Financial Services

Duane Morris will present a webinar, Navigating the Future of Finance & AI Regulation: A Webinar on Emerging Legal Frameworks for AI and Digital Assets Reform, on Wednesday, November 12, 2025 | 3:00 p.m. to 4:30 p.m. Eastern.

October 13, 2025October 13, 2025 by Duane Morris

Takeaways from R.I.S.E. AI Conference

This week at the University of Notre Dame’s inaugural R.I.S.E. AI Conference in South Bend, Indiana, partner Alex W. Karasik of the Duane Morris Class Action Defense Group was a panelist at the highly anticipated session, “Challenges and Opportunities for Responsible Adoption of AI.” The conference, which had over 300 attendees from 16 countries, produced excellent dialogues on how cutting-edge technologies can both solve and create problems, including class action litigation.

Read more at the Duane Morris Class Action Defense Blog.

October 8, 2025 by Duane Morris

Webinar: Cybersecurity and Data Privacy Concerns for Wearables

Duane Morris will hold its second session in its Wearables Webinar Series, Cybersecurity and Data Privacy Concerns for Wearables, on Tuesday, October 21, 2025, from 12:00 p.m. to 12:30 p.m. Eastern.

REGISTER

October 7, 2025October 7, 2025 by Duane Morris

First Consumer-Facing AI Governance Rules Enacted in U.S.

As an important development in U.S. AI regulation, California enacted its automated decisionmaking technology (ADMT) rules in September 2025. These are the first enacted, broadly scoped, consumer-facing AI governance rules in the country. They offer opt-out rights and logic disclosures for AI-driven significant decisions affecting consumers. The rules took effect on October 1, 2025, with compliance required by January 1, 2027, for covered businesses that use ADMT in significant decisions before that date. Read the full Alert on the Duane Morris website.

October 3, 2025October 3, 2025 by Duane Morris

Updated Artificial Intelligence Regulations for California Employers

With artificial intelligence developing at breakneck speed, California employment regulations are following right behind. Updated regulations issued by the California Civil Rights Council address the use of artificial intelligence, machine learning, algorithms, statistics and other automated-decision systems (ADS) used to make employment-based decisions. The updated rules, which took effect October 1, 2025, amend existing regulations, Cal. Code Regs., tit. 2, and are designed to protect against potential employment discrimination. The regulations apply to all employers with at least five employees working anywhere and at least one located within California. Read the full Alert on the Duane Morris website.