Tag: artificial intelligence

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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.”

Read the full article on the Law360 website.

Posted on by Duane Morris

Artificial Intelligence, the Copyright Act and Animal Law

On March 18. 2025, the U.S. Court of Appeals for the D.C. Circuit affirmed a district court ruling that a work created with artificial intelligence (AI) using a machine cannot be registered in the name of the machine itself because the Copyright Act requires that a copyright owner be a human being.  Thaler v. Perlmutter, No. 23-5233 (D.C. Cir. Mar. 18, 2025).

In fact, the D.C. Circuit made a specific connection to animal law by citing the decision in Naruto v. Slater, 888 F.3d 418 (9th Cir. 2018), in which the Ninth Circuit held that a monkey cannot be an “author” under the Copyright Act.  And, like Thaler, animal rights groups have tried to base their arguments on dictionary definitions.  Read more on the Animal Law Developments Blog.

Posted on by Duane Morris

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.

To read the full article, visit the Bloomberg Law website.

Posted on by Duane Morris

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.

Posted on by Duane Morris

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.

Posted on by Duane Morris

Webinar: Artificial Intelligence and Data Licensing

Duane Morris’ Technology Transactions, Licensing and Commercial Contracts Group presents a webinar, Understanding Data Licensing in the World of AI, to be held on Wednesday, December 18, 2024, from 1:00 p.m. to 2:00 p.m. Eastern.

REGISTER

As we head into 2025, more and more of our clients are negotiating data licensing agreements and asking for assistance in understanding a company’s rights regarding data. This webinar will review intellectual property rights with regard to data, the frequent use and terms of creative commons licenses with datasets, and important and commonly negotiated terms in data licensing agreements, with our attorneys providing thoughts on these issues and how they relate to AI.  Learn more.

Posted on by Duane Morris

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.

Posted on by Duane Morris

How Copyright Law Regards Artificial Intelligence

Duane Morris partner Agatha Liu is quoted in the Bloomberg Law article, “AI Art Appeal’s Procedural Flaws Put Broader Ruling in Doubt.”

An appeals court panel’s focus on procedural issues in a case involving efforts to copyright AI-generated work left attorneys concerned the judges may sidestep larger questions about how copyright law regards the emerging technology. […]

“The point of copyright protection is it should reward creativity. It should be associated with a human being, not a machine,” said Liu. “But there’s merit in claiming the creator of the machine being an author.”

Read the full article on the Bloomberg Law website.

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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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