Mealey's Artificial Intelligence
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June 19, 2024
SEC Says Founder Of AI Hiring Company Lied To Investors About Capabilities
NEW YORK — The founder and former chief executive officer of an artificial intelligence company that claimed to use AI capabilities to help companies hire better candidates issued materially misleading statements regarding the AI’s capabilities and how many customers it had and falsified both bank statements and customer testimonials to raise investor funds, the Securities and Exchange Commission says in a suit filed in a New York federal court.
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June 18, 2024
AI Identification Of Child Pornography At Issue In Police Search Case
WAUKESHA, Wis. — An internet company’s artificial intelligence’s flagging of a social media video as suspected child pornography didn’t give a detective sufficient grounds to view the video, and a judge properly excluded the resulting search of a cellphone, a criminal defendant tells a Wisconsin appellate court in defending exclusion of the evidence against him.
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June 17, 2024
Plaintiffs Won’t Amend Privacy Action Involving ChatGPT After Dismissal
SAN FRANCISCO — Plaintiffs confronted with a court ruling finding their privacy and California unfair competition law (UCL) action involving artificial intelligence raises policy concerns more appropriate in a town hall than a courtroom told a federal judge in California on June 14 that they will not amend their complaint and asked the court to close the case.
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June 17, 2024
Media Company May Update AI Suit With More Specificity, Federal Judge Says
NEW YORK — The Intercept Media Inc. may amend its artificial intelligence copyright complaint to address “seeming lack of specificity” in the action, a federal judge in New York said, noting that he will consider existing briefing on a motion to dismiss as targeted to the amended filing and will rule quickly after the filing of supplemental briefing.
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June 13, 2024
Elon Musk Dismisses Suit Claiming OpenAI Abandoned Principles
SAN FRANCISCO — Elon Musk filed paperwork asking a California court to dismiss his suit against OpenAI Inc. and Samuel Altman with a motion pending in which the defendants urged the court to dismiss the claims because Musk, the former company founder, cannot sustain California unfair competition law (UCL), contract and fiduciary claims based on a “make-believe ‘founding agreement.’”
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June 12, 2024
Court: AI Vision Company May Sue Government Over Contract Process
WASHINGTON, D.C. — The purveyor of artificial intelligence imaging software shares an interest in a government contract because of its economic interest in the results, even if that interest is not direct, and the company can proceed on claims that the government failed to fully undertake its legal duties in evaluating the software, a divided Federal Circuit U.S. Court of Appeals said.
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June 12, 2024
Student, Emory University Settle Claim That School Issued Suspension Over AI
ATLANTA — Emory University and a student who sued it claiming that he received a suspension after creating a highly touted artificial intelligence program reached a confidential settlement, according to court documents filed in Georgia federal court.
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June 12, 2024
5th Circuit Won’t Adopt Special Rule For Use Of AI
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals declined to adopt a proposed rule governing the use of artificial intelligence, saying a special rule is not necessary given the existing duties attorneys operate under when filing documents with the court.
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June 11, 2024
Even Newest AIs Struggle With Simple Reasoning Question, Researchers Say
HAMBURG, Germany — Even powerful artificial intelligences confidently provide the wrong answer to a basic reasoning problem easily solved by children and produce incorrect but “logic-like” explanations for incorrect responses, showing a “striking breakdown” of large language models (LLMs) suggesting that the models’ abilities are overblown, researchers say in an unreviewed paper published on the preprint website arxiv.org.
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June 11, 2024
Texas Court: AI Surgery Tool Maker Need Not Submit To Presuit Deposition
FORT WORTH, Texas — Even assuming counsel’s arguments during a hearing constitute evidence in a dispute involving an artificial intelligence-assisted surgery tool manufacturer, the company need not produce a corporate representative because the statements fall short of the requirements for a presuit deposition under Texas law, an appeals court in the state said, granting mandamus relief and vacating a ruling to the contrary.
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June 11, 2024
Battling Class, Humana Says Medicare Plaintiffs Lack Jurisdiction In AI Suit
LOUISVILLE, Ky. — A class action claiming that health insurer Humana Inc. improperly denies Medicare claims through the use of artificial intelligence improperly stitches together state law claims while ignoring administrative exhaustion and federal rules, the company tells a federal judge in Kentucky in a motion to dismiss.
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June 11, 2024
Amended Complaint Moots Motion To Dismiss In AI Robocall Case, Judge Says
CONCORD, N.H. — The filing of an amended complaint by the League of Women Voters of New Hampshire and others accusing various entities of illegally using artificial intelligence-created deepfakes of President Joseph Biden’s voice in calls to voters moots a telecommunications company’s motion to dismiss, a federal judge in New Hampshire said in an endorsed docket entry in which he denied the company’s motion without prejudice.
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June 10, 2024
Delaware Vice Chancellor: Shareholder Does Not Show Presuit Demand Was Futile
WILMINGTON, Del. — A vice chancellor in the Delaware Court of Chancery held that a shareholder’s derivative complaint alleging that a telecommunications company failed to prevent its parent company’s alleged scheme to centralize customer data to train artificial intelligence must be dismissed, finding that the shareholder failed to show that making a demand on the board would have been futile.
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June 07, 2024
‘Town Hall’ Ruling Fuels Judge’s Dismissal Of AI Copyright Case
SAN FRANCISCO — A federal judge in California on June 6 granted a motion to dismiss copyright claims stemming from the training of artificial intelligence, citing a second judge’s concerns that a similar case involved claims more appropriate in a town hall than a courthouse.
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June 04, 2024
COMMENTARY: Interview: Dykema’s Michael J. Word Provides Clarity On Intellectual Property, AI Voices
Copyright © 2024, LexisNexis. All rights reserved.
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May 30, 2024
COMMENTARY: Generative AI, Cybersecurity And Cybercrime For Lawyers: Myths, Risks And Benefits
By Dr. Ilia Kolochenko and Michael P. Heiskell
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May 15, 2024
COMMENTARY: Use Of Artificial Intelligence In E-Discovery
By Phil Beckett
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June 03, 2024
New York Times, OpenAI Dispute Scope Of Discovery In AI Training Fight
NEW YORK — The New York Times Co. (NYT) told a federal judge in New York that it investigated whether ChatGPT would output protected material from the newspaper only because OpenAI Inc. and related entities are so secretive about what was used to train the artificial intelligence and that given the defendants’ admission that it tracks users, it doesn’t need any additional discovery.
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May 30, 2024
11th Circuit Affirms No CGL Coverage Owed For Negligence Suit Against Landscaper
ATLANTA — The 11th Circuit U.S. Court of Appeals affirmed a lower court’s summary judgment ruling in favor of a commercial general liability insurer in a landscaper insured’s breach of contract and bad faith lawsuit seeking coverage for an underlying negligence action, finding that the insurance application expressly disclaims the work the insured did and the bad faith claim fails because the insurer had a lawful basis to deny the claim.
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May 29, 2024
FTC Proposes $6M Fine for AI-Generated Biden Robocalls
WASHINGTON, D.C. — The Federal Trade Commission has proposed a $6 million fine for a man’s use of an artificial intelligence-mimicry of the voice of President Joseph Biden used in illegal robocalls to New Hampshire residents.
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May 28, 2024
Judge Faults Lengthy ChatGPT Complaint As Akin To Town Hall Fodder
SAN FRANCISCO — Plaintiffs’ lengthy complaint against Microsoft Corp. and various OpenAI entities over the training of artificial intelligence raises policy concerns more appropriate in a town hall than a courtroom, a federal judge in California said May 24 in granting motions to dismiss a class complaint that includes allegations under the California unfair competition law (UCL) and other state laws.
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May 24, 2024
Media Companies Seek Opportunity To Respond To OpenAI’s New Standing Challenge
NEW YORK — After briefing wrapped on artificial intelligence companies’ motion to dismiss two media companies’ Digital Millennium Copyright Act (DMCA) case for lack of standing, the media companies accused OpenAI Inc. and the other defendants of changing their argument mid-briefing and on May 23 asked a New York federal court for leave to file a surreply so they could respond.
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May 23, 2024
Man Created Thousands Of AI Child-Porn Images, Government Alleges
MADISON, Wis. — A Wisconsin man used Stability AI’s Stable Diffusion generative artificial intelligence to create potentially thousands of images of child pornography and abuse and then bragged about his collection, posted the images online and invited others to view them, the United States alleges in a recently unsealed indictment and brief in support of detention.
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May 22, 2024
Student: Emory University Heralded AI Program, Then Suspended Him For It
ATLANTA — Emory University supported and touted two students’ artificial intelligence program, awarding its creators $10,000 at an event for entrepreneurs, but eventually concluded that the program could be used to cheat, despite no allegations or evidence of such conduct, and suspended them, an anonymous plaintiff alleges in a complaint filed in Georgia federal court.
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May 21, 2024
Board Distinguishes Dell Patent Application From AI Example In Revised Guidance
ALEXANDRIA, Va. — An examiner’s determination that a machine learning model for providing improved forecasting of market behavior is unpatentable will not be disturbed, the Patent Trial and Appeal Board said May 20, rejecting reliance by real party-in-interest Dell Products L.P. on a neural network-based example in the U.S. Patent and Trademark Office’s updated guidance on patent eligibility.