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Episode 373 -- Christian Focacci on Current Developments in AI and Risk Management
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2025 Summer Associate Wade Marshall contributed to this article. Recently, two Northern District of California decisions revealed fault lines in the forming fair use terrain for GenAI copyright infringement actions. Both...more
The recent ruling in a lawsuit against Anthropic highlights a growing complexity in how courts are approaching fair use in the context of AI training. Judge William Alsup held that developing Anthropic’s Claude model was...more
This is the conclusion to the article, Panel of Experts for Everyone About Anything – Part One and Part Two. Here we give another demonstration of the software described in Part One. Part Two provided a demonstration where...more
Coworker.ai has recently announced the launch of the world’s first AI “teammate,” an agent that can perform complex work at the level of an experienced colleague. Powered by Organizational Memory (OM1), a proprietary memory...more
Since generative AI began its rapid ascent in 2022, the creative, tech and legal industries have grappled with a fundamental question: does using copyrighted works to train AI models violate the rights of creators, or does it...more
Two days apart, two judges in the Northern District of California decided on summary judgment that two examples of using copyrighted works to train AI models were transformative, and ultimately fair use under US copyright...more
I’m old enough to feel okay claiming full “curmudgeon” status when it comes to A.I. as a writing tool. I know some will say that puts me behind the times, and others will say that I’m missing out on opportunities. But the...more
Is AI a magic bullet - or just another tool in the compliance toolkit? What really happens when you let algorithms near your risk decisions? In this episode of Corruption, Crime and Compliance, Christian Focacci, founder...more
In 2025, the current transition toward advanced reasoning models will likely accelerate. For example, many AI companies are currently developing and releasing chain-of-thought models, which break down tasks into logical steps...more
The first substantive decision on the fair use defense in an artificial intelligence (AI) copyright case came down against the defendant, who used AI to create a competing product. However, as the decision expressly limited...more
When it comes to confidence assessments from LLMs, scoring predictions is essential. The most important thing is not the scores themselves, but the resulting ranking these scores produce. Once our model (TAR 1.0, TAR 2.0,...more
Kilpatrick’s David Hughes recently moderated a panel discussion at the ABA-IPT Advanced State Income, Advanced Sales/Use, and Advanced Property Tax Seminar in New Orleans addressing “Artificial Intelligence: What Tax...more
Judge Bibas’s second take in Thomson Reuters v. Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. “Highly fact-specific.” “Narrowly decided.” A case with...more
Fair use — a critical defense in copyright law that allows limited use of copyrighted material without permission — has emerged as a key battleground in the wave of artificial intelligence (AI) copyright litigation. In a...more
In an unexpected development, the judge in Thomson Reuters v. Ross Intelligence — a case concerning the use of copyrighted material to train an artificial intelligence (AI) model — reversed much of his 2023 decision denying...more
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more
The rise of artificial intelligence has evoked both awe and apprehension. AI’s capabilities are undeniably astonishing. It can converse and respond to us like a human, answer questions—often with impressive accuracy—write...more
Recently practitioners, scholars and enthusiasts of alternative dispute resolution gathered—virtually and in person—at a JAMS Resolution Center to examine one of the most pressing and intriguing questions in the field: What...more
Artificial intelligence, or AI, was the buzzword of 2023. AI has affected almost every aspect of our world. Although the legal profession has used “traditional AI” for many years, the use of generative AI is new and is...more
In my previous article on AI in ADR, I emphasized both the opportunities and risks associated with the use of artificial intelligence in alternative dispute resolution (ADR) and suggested that it is possible to move too fast....more
The emergence of artificial intelligence as a critical legal technology has prompted discussions among law firm leaders regarding how AI usage should be disclosed to clients and who – the law firm or the client – should...more
A frequent jab at the legal profession asserts that lawyers are a hopelessly old-fashioned, technology-averse lot that will have to be dragged into the future inch by ink-stained inch. Yet from all available evidence, this...more