GenAI – The Artificial Intelligence Blog

March 6, 2024 by Duane Morris

What Should GenAI Not Do in Healthcare?

With the advent of generative AI models like Med-PaLM and ChatGPT, providers can now type complex medical questions into a chat box and receive sophisticated (and hopefully accurate) answers. This ability surpasses previous AI applications in the potential to serve patients, but also in the potential to run afoul of laws like corporate practice of medicine (CPOM) rules, the False Claims Act (FCA), and FDA regulations. These concerns — on top of the risk of a generative AI model fabricating answers, known as “hallucinations” — mean that providers should proceed with extreme caution before implementing generative AI tools into their practices.

Read the full article by Matthew Mousley on the Wharton Healthcare Quarterly website.

January 25, 2024January 26, 2024 by Sarah O'Laughlin Kulik

FTC launches GenAI investigation

The Federal Trade Commission announced today that it has begun an investigation into Generative AI investments and partnerships. The FTC is using its investigative power pursuant to Section 6(b) of the FTC act which allows the FTC to issue compulsory process (similar to a subpoena or Civil Investigative Demand) to learn information about an organization, without a specific law-enforcement purpose. Historically, the FTC has used its 6(b) power to conduct studies regarding particular industries or practices that may inform future agency positions or enforcement priorities. The investigation announced today is a concrete fact-gathering step by the FTC regarding the regulation of Generative AI.

November 29, 2023 by Duane Morris

AI and Trade Secrets: A Winning Combination

Duane Morris partner Jeremy Elman authored the article “AI and Trade Secrets: A Winning Combination” for IPWatchdog.

The article explores why trade secret law fits gen-AI innovations rather than other IP schemes, and how creators can be incentivized to use this new technology without risk of losing their valuable information. Read the full article on the IPWatchdog website.

November 28, 2023November 28, 2023 by Duane Morris

California’s Generative AI Report Addresses Benefits and Risks of AI

By Milagros Astesiano and Ariel Seidner

Following Governor Newsom’s September 2023 Executive Order on Artificial Intelligence, the California’s state administration released a report analyzing the potential benefits and risks surrounding the use of Generative Artificial Intelligence (“GenAI”) within the state government (“Report”). This is the first of many steps called for under the Executive Order. Continue reading “California’s Generative AI Report Addresses Benefits and Risks of AI”