AI Litigation Lawyer
Our Lawyers Are at the Forefront of Artificial Intelligence (AI) Litigation
Artificial intelligence (AI) litigation has reached a tipping point. While relevant precedent is scant, lawsuits involving both predictive AI and generative AI are becoming commonplace. From lawsuits against self-driving technology companies like Tesla and Cruise to The New York Times’ watershed lawsuit against Microsoft and OpenAI in 2023, some of the earliest major lawsuits have made national headlines. But, many more have flown under the radar, and we are increasingly seeing AI-related litigation in a wide range of areas.
Each AI litigation lawyer at Oberheiden P.C. has extensive experience representing clients in complex litigation. We are on the forefront of litigation involving artificial intelligence, and we are monitoring developments in this area as the law begins to evolve. Our lawyers are able to handle AI litigation in state and federal jurisdictions across the country, and we can work closely with you to develop an effective strategy for protecting your company’s interests as efficiently as possible.
Types of AI Litigation We Handle
We represent businesses, professionals, and other clients in consumer and commercial litigation involving all types of AI-related claims. From litigation involving negligent reliance on predictive AI to litigation involving alleged flaws in AI algorithms themselves, AI-related lawsuits can take many different forms—and present many unique challenges for parties on both sides. The following is just a sampling of the types of matters our AI litigation lawyers handle:
Commercial Contract Disputes Involving AI
We represent clients in disputes involving commercial contracts for AI software licenses and related services. Along with traditional types of commercial contract disputes, this includes disputes arising out of customers’ use of AI technology. Warranty, indemnification, and other liability-shifting provisions can play a key role in AI-related contract litigation, and ambiguities and oversights in contract language can leave commercial parties without a clear answer as to which one is liable.
Consumer Litigation Involving AI-Powered Products and Services
A significant portion of the limited AI litigation to date has involved consumer claims related to AI-powered products and services. This includes litigation arising out of catastrophic accidents involving self-driving vehicles. Negligence, product liability, and warranty claims can all present substantial risks for AI companies and vendors—and those facing litigation need a sound and strategic defense.
Intellectual Property Litigation Involving Generative AI
Another major area of AI litigation is intellectual property litigation involving generative AI. The use of generative AI can raise questions regarding copyright, patent, trademark, and trade secret rights; and, in the realm of AI, these questions largely remain unanswered. Our AI litigation lawyers handle cases involving all types of intellectual property, including those involving defenses such as:
- Fair Use Doctrine – The fair use doctrine allows for the unlicensed use of copyrighted material in certain circumstances. Generative AI companies and users have argued that using the technology to create derivative works constitutes fair use.
- Data Scraping – Defendants in generative AI litigation have also argued that their software’s reliance on data scraping falls within decided case law authorizing this practice. Plaintiffs have countered this argument by claiming that generative AI goes far beyond the data scraping addressed in previous cases.
- Novelty and Originality – In some cases, defendants in generative AI litigation may be able to argue that the works created by their applications are so novel or original that they do not violate third parties’ patents or copyrights.
Privacy and Data Security Litigation
The intersection of AI and privacy law will almost certainly be a breeding ground for litigation in the years to come. Using artificial intelligence to make decisions based on protected data or to facilitate the misappropriation of protected data can present risks not only for civil litigation, but potentially for white-collar criminal litigation as well.
If a generative AI application produces or publishes defamatory statements, who is liable? This is a question that courts across the country will be forced to answer, and that they may answer in different ways. Along with AI companies and application users, Justice Gorsuch of the U.S. Supreme Court has suggested that search engines and other internet service providers could also be liable—as disseminating AI-generated content may fall outside of the protections of Section 230.
Antitrust and Unfair Competition Litigation
Similar questions arise when AI applications recommend and execute business strategies that violate antitrust laws or cross the line to unfair competition. Artificial intelligence programmers and the business owners who rely on AI applications generally are not experts in antitrust and unfair competition law. Yet, the business use of AI can raise issues in both of these areas; and, when violations occur, some party will deserve to be held liable. The commercial terms of AI licensing agreements will play a key role here as well, though regulators often don’t care if commercial parties have liability-shifting provisions in place.
The use of AI in employment and human resources functions presents legal risks as well. Employers must comply with all applicable state and federal anti-discrimination laws, and reliance on AI is not an excuse for non-compliance. If a company’s use of AI results in discriminatory recruitment, hiring, advancement, or disciplinary practices, the company will be at risk for facing unlawful discrimination claims from its job candidates and current and former employees.
Securities Fraud Litigation
Companies and firms that use artificial intelligence to produce information about securities or to make investment recommendations will be at risk for facing AI-related securities fraud litigation. Whether the plaintiffs’ allegations in these cases can be substantiated will depend on the specific facts and circumstances involved. But, facing litigation in any circumstance can be costly, and companies and firms targeted in AI-related securities fraud cases will need to work closely with experienced AI litigation lawyers to protect themselves.
Malpractice and Professional Liability Litigation
Doctors, lawyers, accountants, investment advisors, and other professionals targeted in AI-related malpractice and professional liability cases will need to work closely with experienced AI litigation lawyers as well. Whether a licensed professional’s reliance on predictive or generative AI constitutes negligence will depend on the circumstances involved. While reliance on AI may be sufficient to establish compliance with licensed professionals’ duty of care in some cases, courts have already made clear that professionals cannot turn a blind eye to risks of using AI.
Federal Criminal Investigations and Litigation
The use or misuse of AI can play a role in federal white-collar criminal investigations and litigation. In addition to representing clients in civil litigation, we also have extensive experience representing clients in federal white-collar criminal matters. Several of our litigators are former federal prosecutors; and, if you or your company is facing AI-related criminal exposure, we can use our experience to build and execute a strategic defense.
FAQs: Pursuing and Defending Against Claims in AI Litigation
Does generative AI violate publishers’ and content owners’ copyrights?
We are yet to receive a definitive answer to this question from the courts; and, ultimately, the answer is likely to be, “It depends.” The intellectual property issues surrounding generative AI are novel and extraordinarily complicated, and publishers and content owners will need to engage skilled AI litigation lawyers to help them decide whether to pursue legal action.
Can professionals face negligence claims and malpractice liability for relying on AI?
Professionals can face negligence claims and malpractice liability for relying on AI depending on the circumstances involved. All forms of AI-related litigation are highly fact-specific, and whether a professional’s reliance on AI represents a deviation from the requisite standards of practice will ultimately be determined by several different factors.
Can companies that develop AI platforms be held liable for decisions made by these platforms?
This is one of the most fundamental legal questions surrounding AI. It is also one of the most difficult to answer, and as of yet the answer remains undecided. State and federal courts across the country will be wrestling with this question for years to come. They will almost certainly answer it in different ways, and this will create a complex and challenging landscape in which AI developers will be forced to operate.
Does reliance on AI provide a defense to civil liability or criminal culpability?
The answer to this question also depends on the circumstances involved. While reliance on AI is not a blanket defense, it may be a viable defense in some cases. Here, too, the law is still developing, and it will be up to defendants and their AI litigation lawyers to convince the courts that civil liability or criminal culpability is unwarranted on a case-by-case basis.
When is it time to contact an AI litigation lawyer?
If you are anticipating or facing any type of legal claim or dispute involving artificial intelligence, you should consult with an AI litigation lawyer promptly. As with all legal matters, a prompt response can be key to avoiding unnecessary consequences, and you will need to work with experienced legal counsel to determine your best path forward.
Speak with an AI Litigation Lawyer at Oberheiden P.C.
If you would like to know more about our firm’s artificial intelligence litigation practice, we invite you to get in touch. Please call 888-680-1745 or contact us online to speak with an AI litigation lawyer at Oberheiden P.C. in confidence.