Class Action Litigation Landscape for Gen AI

This year has been a busy one in the generative artificial intelligence (gen AI) class action litigation landscape. New pleadings were filed, including several new class actions, several consolidated and amended complaints, and one appeal. Several key decisions were issued, including a trio that formed a three-way split of authority on how to determine whether training a gen AI model on copyrighted materials constitutes “fair use” under the Copyright Act. Additionally, one humongous settlement was reached.

Read the full article by Justin Donoho.

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.

Generative AI in Healthcare: Promise and Pitfalls

Generative artificial intelligence  remains a hot topic in legal and healthcare circles, but the conversation has shifted from the initial wonder of “What can it do?” to the present cautiousness of “What should it not do?” One reason for this shift came in March 2023, when Google revealed the newest version of its Med-PaLM, a Large Language Model  that passed the United States Medical Licensing Examination with an 86.5% accuracy rate. A 2022 version had achieved a 67.2% accuracy rate, also a passing score.

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