News & Analysis as of

Software Algorithms

A&O Shearman

Federal Judge Tosses Hotel Price-Fixing Lawsuit Over Insufficient Evidence Of Collusion Through Revenue Software

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On July 18, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted a motion to dismiss filed by hotel operators and a software provider in a high-profile antitrust...more

Ballard Spahr LLP

Legal And Legislative Challenges To Landlords’ Use Of Algorithmic Pricing Gain Traction

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Algorithmic pricing software monitors real-time market conditions and recommends real-time adjustments based on data-driven insights. These tools are used across industries, including rental housing, hospitality, ridesharing,...more

McDonnell Boehnen Hulbert & Berghoff LLP

From Abstract to Concrete: The Path Forward for Machine Learning Patents

While the precedent set by Recentive Analytics, Inc. v. Fox Corp.[1] presents a formidable challenge, it does not represent a complete foreclosure of patent protection for machine learning inventions. The court’s opinion,...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – The White House releases AI Action Plan, U.S. Senators introduce sweeping AI copyright regulation bill, DeepMind...

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

Baker Donelson

Think While You Are Using AI Coding

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Vibe coding is revolutionizing software development. The integration of generative AI tools into software development, such as ChatGPT's Agen, GitHub Copilot, Coursiv, and similar platforms, is revolutionizing how code is...more

Mogin Law LLP

Artificial Intelligence Litigation Roundup: The First Wave

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It both rivals and compounds the transformation brought to us by advancements in computing technology, mobile technology, and the internet. The rapid evolution and commercialization of artificial intelligence (AI) tools has...more

McCarter & English, LLP

Court Sets New Limits on Use of Copyrighted Materials to Train AI Models

The rapid adoption of artificial intelligence (AI) has sparked a pressing legal debate over how copyrighted materials can be used to train generative AI systems, particularly large language models (LLMs), without permission...more

EDRM - Electronic Discovery Reference Model

Panel of Experts for Everyone About Anything – Part Two: Demonstration by Analysis of an Article Predicting New Jobs Created by AI

This is a continuation of the article, Panel of Experts for Everyone About Anything – Part One. Here in Part Two we give a demonstration of the software described in Part One. In the process we learn about new job types...more

IR Global

Let AI Do It — With Background Apps

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The ability to automate routine work without disrupting your day is no longer a luxury. That’s where “background apps” come in (included as part of our ndMAX AI App Builder)....more

Jones Day

The UK Getty Trial: Key Takeaways on the AI/Copyright Case

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Getty Images ("Getty") alleged copyright infringement by Stability AI ("Stability"), including claims of direct copying during artificial intelligence ("AI") training and output generation, as well as secondary copyright...more

EDRM - Electronic Discovery Reference Model

Panel of Experts for Everyone About Anything – Part One

Imagine instantly accessing a room full of top experts ready to respond to your toughest questions, brainstorm creative solutions, or critique your new ideas, all without spending a dime. Whether you’re a seasoned attorney...more

Morrison & Foerster LLP

Software Gains New Status as a Product Under Strict Liability Law

A recent lawsuit involving an AI chatbot represents another indication of a possible shift in how courts will approach software under traditional strict products liability principles. Traditionally, courts have been hesitant...more

McDonnell Boehnen Hulbert & Berghoff LLP

Navigating the Legal Landscape of AI-Generated Code: Ownership and Liability Challenges

Programming is rapidly transforming from a manual, line-by-line exercise into an iterative collaboration between programmers and their large language model (LLM) of choice. Working inside modern integrated development...more

Fox Rothschild LLP

Ruling Allows IRS to Automate Review of Employee Retention Credit Claims

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A federal court has upheld the IRS’s right to use automated tools to review Employee Retention Credit (ERC) claims, rejecting a challenge brought by two tax preparation firms. In ERC Today LLC v. McInelly, the U.S. District...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – U.S. Congress mulls moratorium on state-level AI regulations, U.S. Copyright Office releases report on copyright...

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

EDRM - Electronic Discovery Reference Model

Dario Amodei Warns of the Danger of Black Box AI that No One Understands

Dario Amodei, Chief Scientist and CEO of Anthropic, has written another important article you should read: The Urgency of Interpretability. He is very concerned that scientists have created a powerful new technology that no...more

Foley & Lardner LLP

Five Tips for Navigating Antitrust Risk from Algorithmic Pricing Software

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In recent years, both private plaintiffs and the government have increasingly scrutinized businesses’ use of “algorithmic pricing” software, leading to a wave of antitrust lawsuits and enforcement actions. These softwares,...more

Bradley Arant Boult Cummings LLP

Understanding the Utah AI Act and Newly Effective Amendments: What Your Business Needs to Know

On May 7, 2025, the Utah Artificial Intelligence Policy Act (UAIP) amendments will go into effect. These amendments provide significant updates to Utah’s 2024 artificial intelligence (AI) laws. In particular, the amendments...more

Alston & Bird

Patent Case Summaries | Week Ending May 2, 2025

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Fintiv, Inc. v. PayPal Holdings, Inc., No. 2023-2312 (Fed. Cir. (W.D. Tex.) Apr. 30, 2025). Opinion by Prost, joined by Taranto and Stark. Fintiv sued PayPal for infringement of four patents directed to “cloud-based...more

Pagefreezer

What Is Technology Assisted Review (TAR)?

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In a world where more than 2.5 quintillion bytes of data are created every day, the eDiscovery process isn’t only complex and time-consuming, but it can be extremely costly as well....more

EDRM - Electronic Discovery Reference Model

Bar Battle of the Bots – Part Four: Birth of Scorpio

The AI bot battles rage on. This round, we test OpenAI’s newest contender, released April 16, 2025: ChatGPT o3. Not to be confused with its leaner sibling—ChatGPT o3-mini, which debuted in January. When we tested that old...more

Proskauer - Law and the Workplace

Another Legal Challenge to an AI Interviewing Tool

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

BakerHostetler

[Podcast] Making Moves: The USPTO Provides Guidance, Proposes Changes

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The U.S. Patent and Trademark Office had a busy summer in 2024. Businesses and individuals with AI and software-based inventions paid particularly close attention to the agency when, in July, it released updated guidance on...more

Hogan Lovells

AI Health Law & Policy: Complying with FDA GMP rules for AI-enabled diagnostic devices

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The U.S. Food and Drug Administration (FDA) recently issued a Warning Letter citing a failure to obtain marketing authorization via a premarket approval (PMA) or 510(k) clearance as well as Good Manufacturing Practice (GMP)...more

Orrick, Herrington & Sutcliffe LLP

EU Commission Clarifies Definition of AI Systems

The European Commission published guidelines that clarify the definition of AI systems under the AI Act, analyzing each component of the definition of AI system, providing examples and specifying which systems should be...more

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