A replay of Key Federal and State AI Legal Developments Impacting Employment Decisions, Privacy Rights, Vendor Management and IP Practices is now available.
Mitigating Risks of Artificial Intelligence Hiring Tools
Justin Donoho authored the article “Five Human Best Practices to Mitigate the Risk of AI Hiring Tool Noncompliance with Antidiscrimination Statutes” for the Journal of Robotics, Artificial Intelligence & Law. Read the full article.
Register for the May 15 AI Policy Drafting Quest Event
Duane Morris LLP will present Get Smart with AI: AI Policy Drafting Quest – CLE, Tabletop Exercise and Networking on Thursday, May 15 , 2025, from 3:00 p.m. to 5:30 p.m. Eastern.
Continue reading “Register for the May 15 AI Policy Drafting Quest Event”Using Artificial Intelligence Tools During Interviews
Duane Morris partner Alex Karasik is quoted in the Law360 article, “3 Tips For Employers Using AI Interviewing Tools.”
He tells Law360 “that while aggressive regulation or litigation from the federal level seems unlikely in the near future, employers still need to be proactive about potential AI bias because states and the plaintiffs bar are homing in.
“Even though AI-related technologies are streamlining employment processes exponentially by the day, there still is a required human element[.] Because a human needs to be able to understand when these unique one-off situations may come up, where an applicant or employee needs an accommodation. And a human needs to have the agility to adapt and apply that accommodation request appropriately and lawfully.”
Webinar: Artificial Intelligence Legal Developments Impacting Employment, Privacy, Vendor and IP Decisions
Duane Morris will present a Zoom Event, Key Federal and State AI Legal Developments Impacting Employment Decisions, Privacy Rights, Vendor Management and IP Practices, on Wednesday, April 30, 2025, at 3:00 p.m. Eastern | 12:00 p.m. Pacific.
AI Suit Illustrates Challenges for Protecting Proprietary Information
Duane Morris partner Agatha Liu is quoted in the Bloomberg Law article, “Trade Secrets Law Is Awkward Fit in AI Prompt-Hacking Lawsuit,” about a medical AI company’s novel trade secrets lawsuit that illustrates the challenges artificial intelligence presents for protecting proprietary information.
Liu said hacking AI to reveal its prompts is “not a good thing, but it’s not terribly illegal.” AI developers most likely will have to stay on top of the best practices to craft their products to save them from themselves she said.
“If you want to reduce risk, you need to up the ante and make your system more resilient and context-aware,” Liu said.
Artificial Intelligence Tools and Copyright Infringement Issues During the Training Process
Duane Morris attorneys Jennifer Lantz, Jeremy Elman and Max DiBaise authored the Bloomberg Law article, “Generative AI Training Case Flags Competition as Major Factor,” exploring what the Thomson Reuters v. Ross Intelligence decision’s novel application of the “fair use” defense of copyright law means for generative AI training.
Companies must be mindful of the ultimate purpose of new artificial intelligence tools to avoid running into copyright infringement issues during the training process. If widely adopted, the Thomson Reuters v. Ross Intelligence decision suggests “intermediate copying” cases are unlikely to provide a strong defense when the final output of a tool mirrors the products it was trained on. Accordingly, the key question is likely to what extent the AI system is competing with the underlying copyrighted work. The further away the system is, the more likely it is to be protected under the fair-use doctrine. Read the full article on the Bloomberg Law website.
FDA Draft AI Guidance Marks a New Era for Biotech, Diagnostics and Regulatory Compliance
The U.S. Food and Drug Administration’s recent release of two draft guidance documents on the use of artificial intelligence in drug development, biologics and medical devices has sparked both excitement and skepticism. As AI increasingly permeates these fields, the regulatory landscape is just beginning to take shape—and these proposed guidelines take a step in that direction by raising awareness of important questions about the future of AI innovation in life sciences. For therapeutic, medical device and diagnostics companies—whether already implementing AI or just beginning to explore its potential—the message is clear: The landscape is evolving, and future success will require thoughtful consideration of compliance, patient safety and privacy protection from the earliest stages of AI adoption.
Read the full Alert on the Duane Morris LLP website.
New Law on Generative AI in Healthcare
California has passed a new AI law, Assembly Bill No. 3030, which establishes disclaimer requirements for healthcare providers sending unvetted messages to patients generated by artificial intelligence. AB 3030 is effective January 1, 2025. Under the new law, when a covered provider uses AI to generate a patient communication concerning a patient’s clinical information, that communication must include a disclaimer saying that the communication was generated by AI. Read the full Alert on the Duane Morris website.
FTC Announces Enforcement Actions Against AI Use
As part of its ongoing enforcement efforts against allegedly deceptive and misleading uses of artificial intelligence, the Federal Trade Commission (FTC) disclosed five new enforcement actions on September 25, 2024, against companies across various industries that either allegedly made fraudulent claims about their AI resources or offered AI services that could be used in misleading or deceptive ways. Read the full Alert on the Duane Morris website.