As generative AI is increasingly used to process information and generate new content, one possible application is to create an alternative embodiment in a patent application. This could happen when an inventor creates an original embodiment, and then instructs an AI system to create a variant of the original embodiment to achieve broad coverage. Conceivably, the AI system is configured to create an alternative embodiment based on existing data used to train the AI system or additional information that can introduce changes to the original embodiment, such as prior art in the field. Would such use of AI be an innocent act or should it trigger an alarm like certain other uses of AI? Read the full post on the Duane Morris Artificial Intelligence Blog.
Employment Discrimination and Artificial Intelligence
Artificial intelligence took the employment world by storm in 2023, quickly becoming one of the most talked about and debated subjects among corporate counsel across the country. Companies will continue to use AI as a resource to enhance decision-making processes for the foreseeable future as these technologies evolve and take shape in a myriad of employment functions. As these processes are fine-tuned, those who seek to harness the power of AI must be aware of the risks associated with its use. This featured article analyzes two novel AI lawsuits and highlights recent governmental guidance related to AI use. As the impact of AI is still developing, companies should recognize the types of claims apt to be brought for use of AI screening tools in the employment context and the implications of possible discriminatory conduct stemming from these tools. Read the full featured article here.
Webinar Replay: Tech Sector Sanctions, Export Controls and Foreign Investment Rules in the U.S., the U.K. and the EU
A replay of Tech Sector Sanctions, Export Controls and Foreign Investment Rules in the U.S., the U.K. and the EU is available for viewing.
Artificial Intelligence Updates – 04.04.24
#HelloWorld. Spring has sprung. While the EU AI Act receives wall-to-wall coverage in other outlets, this issue highlights recent rules, warnings, and legislative enactments here in the U.S. And it ends on a personal, meditative note from an AI user, worth a read. Let’s stay smart together.
Read more on The Artificial Intelligence Blog.
Artificial Intelligence Updates – 03.14.24
#HelloWorld. Much to catch up on from February and the first half of March. In this issue, we cover the latest AI activity from Europe, as well as a bevy of guidance and updates from U.S. agencies. Off to the races. Let’s stay smart together.
Read more on The Artificial Intelligence Blog.
Common Uses for AI in Beauty & Associated Risks
Kelly Bonner and Agatha Liu of Duane Morris LLP shared their insights and experience with CosmeticsDesign on the risks of incorporating AI technology into business practices, and how can beauty companies protect themselves.
While “today’s AI technology can save a fair amount of time in not only performing conventional services, but also uncovering hidden insight into consumer motivation and behavior,” Liu noted, “on the other hand, today’s AI technology generally lacks transparency and suffers from hallucination and thus still requires a considerable amount of human review.” Therefore, she recommended that “while companies are encouraged to incorporate AI technology into their offerings, they should closely monitor how it is utilized and what it produces and make adjustments or take remedial steps as appropriate.” […]
Continue reading “Common Uses for AI in Beauty & Associated Risks”
Artificial Intelligence Discussed at Legalweek
Privacy and data breach class action litigation, as well as artificial intelligence issues, are among the key issues that keep businesses and corporate counsel up at night. There was over $1 billion procured in settlements and jury verdicts over the last year for these types of “bet-the-company” cases. At the ALM Law.com Legalweek 2024 conference in New York City, Duane Morris partner Alex W. Karasik was a panelist at the session “Trends in US Data Privacy Laws and Enforcement.” The conference, which had over 6,000 attendees, produced excellent dialogues on how cutting-edge technologies can potentially lead to class action litigation.
Discrimination Suits Rise with AI Recruiting Software
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.
DOJ Investigating AI Use at Health & Pharma Companies
Recently, it was reported that DOJ has subpoenaed the records of digital health companies and pharmaceutical companies in investigating whether AI may be used to steer treatment decisions, resulting in medically unnecessary anti-kickback and false claims violations.
Read more on the Duane Morris Health Law Blog.
Artificial Intelligence and Herring Fishing
Herring fishing – of all things – could have a big impact on AI regulation in 2024. That is, cases brought by two herring fishing companies are before the Supreme Court that could have wide-reaching influence. Read more on the Duane Morris AI Blog.