Calif. Court Dismisses AI Suit Involving Discrimination

In Mobley v. Workday, Inc., Case No. 23-CV-770 (N.D. Cal. Jan 19, 2024) (ECF No. 45), Judge Rita F. Lin of the U.S. District Court for the Northern District of California dismissed a lawsuit against Workday involving allegations that algorithm-based applicant screening tools discriminated applicants on the basis of race, age, and disability. With businesses more frequently relying on artificial intelligence to perform recruiting and hiring functions, this ruling is helpful for companies facing algorithm-based discrimination lawsuits in terms of potential strategies to attack such claims at the pleading stage.

Read more on the Duane Morris Class Action Defense Blog.

The AI Update | January 26, 2024

#HelloWorld. January has not been especially frantic on the legal-developments-in-AI front. Yes, we know the anticipated final text of the EU AI Act was published unofficially, but the final vote hasn’t happened yet, so we’re biding time for now. Meanwhile, in this issue, we check in with state bar associations, SAG-AFTRA, and the FTC. They have things to say about AI policy too, so we’ll listen. Let’s stay smart together.  (Subscribe to the mailing list to receive future issues.)

Continue reading “The AI Update | January 26, 2024”

The AI Update | January 11, 2024

#HelloWorld. It’s 2024 and we… are…back. Lots to catch up on. AI legal developments worldwide show no signs of letting up, so here’s our New Year’s resolution: We’re redoubling efforts to serve concise, focused guidance of immediate use to the legal and business community. Let’s stay smart together. (Subscribe to the mailing list to receive future issues.)

Continue reading “The AI Update | January 11, 2024”

White House Unveils New AI Executive Order

On October 30, 2023, President Joe Biden signed the new Executive Order on Safe, Secure and Trustworthy Artificial Intelligence. The order is built on previous AI initiatives based on voluntary commitments the White House secured from leading AI companies and represents the first major binding government action on the technology. As such, the executive order depicts the latest U.S. government efforts in monitoring and regulating the risks of AI while also harnessing its potential in the economic, national security and social spheres.

Read the full Alert on the Duane Morris website.

Webinar: Get Smart with AI: Best Practices for Using AI in Business

Duane Morris will present Get Smart with AI: Best Practices for Using AI in Business, a webinar on the benefits, risks and mitigation strategies for using AI in business, on Tuesday, October 17, 2023, from 12:00 p.m. to 1:00 p.m. Eastern.

REGISTER

About the Program

The AI revolution has already begun. To remain competitive in the AI era, businesses must learn and adapt as quickly as AI technology does. Topics include: introduction to AI; global response to AI including relevant laws and initiatives; possible uses of AI in business; and specific AI risks and mitigation strategies for copyright and IP rights and ownership issues, privacy and security compliance, employment law compliance, scraping of business data, and other takeaways. 

Speakers

    • Sandra A. Jeskie
    • John M. Benjamin
    • Matthew C. Mousley
    • Luke P. McLoughlin
    • Jennifer M. Lantz
    • Alex W. Karasik

Learn more about the event and Duane Morris’ artificial intelligence team.

The AI Update | September 18, 2023

#HelloWorld. In this issue, the Copyright Office asks all the right questions—but will it do something interesting with the answers? Microsoft and Adobe offer clever ideas of their own. And, surprise (not really): Two new lawsuits against AI developers. Let’s stay smart together. (Subscribe to the mailing list to receive future issues.)

The Copyright Office has questions. Since the spring, the U.S. Copyright Office has devoted considerable effort to its AI Initiative, launching an AI webpage, holding four public listening sessions, and hosting educational webinars. In what it calls a “critical next step,” the Office on August 30 published a notice of inquiry asking for written comments (due October 18) on around 66 wide-ranging AI-related questions. Continue reading “The AI Update | September 18, 2023”

The Future of Digital Art as Training Material For Generative Artificial Intelligence Models

Before ChatGPT and other artificial intelligence (AI) large language models exploded on the scene last fall, there were AI art generators, based on many of the same technologies. Simplifying, in the context of art generation, these technologies involve a company first setting up a software-based network loosely modeled on the brain with millions of artificial “neurons.” […] This article has two goals: to provide a reader-friendly introduction to the copyright and right-of-publicity issues raised by such AI model training, and to offer practical tips about what art owners can do, currently, if they want to keep their works away from such training uses. […]

Read the full Art Business News article. 

Safeguarding Companies’ Online Data in the AI Era

The rapidly evolving landscape of advanced technology renders data one of the most valuable commodities today. This is especially true for artificial intelligence (AI), which can advance significantly in capability and complexity by learning from massive data sets used as training data. …

[This article identifies] considerations companies should account for when undertaking efforts to protect their online data based on an analysis of legal protections applicable to companies’ online data against unauthorized use.

Read the full article by Agatha H. Liu and Ariel Seidner.

The AI Update | August 29, 2023

#HelloWorld. In this issue, ChatGPT cannot be the next John Grisham, the secret is out on The New York Times’ frustrations with generative AI, and YouTube looks to a technological fix for voice replicas. Summer may soon be over, but AI issues are not going anywhere. Let’s stay smart together. (Subscribe to the mailing list to receive future issues.)

AI cannot be a copyright author—for now. In one of the most-awaited copyright events of the summer (not Barbie-related), the federal district court in D.C. held that an AI system could not be deemed the author of a synthetically-generated artwork. This was a test case brought by Stephen Thaler, a computer scientist and passionate advocate for treating AI as both copyright author and patent inventor, notwithstanding its silicon- and software-based essence. The D.C. district court, however, held firm to the policy position taken by the U.S. Copyright Office—copyright protects humans alone. In the words of the court: “human authorship is an essential part of a valid copyright claim.” Those who have followed Thaler’s efforts will remember that, about a year ago, the Federal Circuit similarly rejected Thaler’s attempt to list an AI model as an “inventor” on a patent application, holding instead that an inventor must be a “natural person.” Continue reading “The AI Update | August 29, 2023”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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