In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue novel claims that Workday – a third-party software vendor which provides artificial intelligence (“AI”) driven employment screening tools to assist employers
The Class Action Weekly Wire – Episode 66: Colorado Stakes Out Artificial Intelligence Frontier With Comprehensive Algorithmic Anti-Discrimination Law
Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partner Jerry Maatman and associate Tiffany Alberty with their discussion of a significant development on the forefront of artificial intelligence legislation – a Colorado bill recently signed into law making strides to curb the risk of algorithmic bias across all
Commissioner Sonderling to Depart from EEOC in August 2024
Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant contributions to discussions on artificial intelligence in employment, establishing him as a leading authority on the subject. His departure leaves the EEOC with
California Federal Court Denies Motion To Dismiss Artificial Intelligence Employment Discrimination Lawsuit
By Alex W. Karasik, Gerald L. Maatman, Jr. and George J. Schaller Duane Morris Takeaways: In Mobley v. Workday, Inc., Case No. 23-CV-770 (N.D. Cal. July 12, 2024) (ECF No. 80), Judge Rita F. Lin of the U.S. District Court for the Northern District of California granted in part and denied in part Workday’s Motion to Dismiss Plaintiff’s
California Federal Court Refuses To Dismiss Wiretapping Class Action Involving Company’s Use Of Third-Party AI Software
By Gerald L. Maatman, Jr., Justin R. Donoho, and Nathan Norimoto Duane Morris Takeaways: On July 5, 2024, in Jones, et al. v. Peloton Interactive, Inc., No. 23-CV-1082, 2024 WL 3315989 (S.D. Cal. July 5, 2024), Judge M. James Lorenz of the U.S. District Court for the Southern District of California denied a motion to dismiss
California Federal Court Dismisses Complaint Accusing Google of Wiretapping Customer Service Calls
A federal judge in the Northern District of California recently dismissed a class action complaint accusing Google of unlawfully wiretapping calls to Verizon’s customer service center through its customer service product, Cloud Contact Center AI. See Ambriz v. Google, LLC, No. 3:23-cv-05437 (N.D. Cal. June 20, 2024).
California Federal Court Rejects AI Class Action Plaintiffs’ Cherry-Picking Of AI Algorithm Test Results And Orders Production Of All Results And Account Settings
By Gerald L. Maatman, Jr., Justin R. Donoho, and Brandon Spurlock Duane Morris Takeaways: On June 24, 2024, Magistrate Judge Robert Illman of the U.S. District Court for the Northern District of California ordered a group of authors alleging copyright infringement by a maker of generative artificial intelligence to produce information relating to pre-suit algorithmic
Commercial Roundup – June 19, 2024
Happy Teenth–and welcome to the last Commercial Roundup of spring 2024!
- Patent holder’s grant of right to license patent didn’t deprive it of standing to sue for infringement.
- Infringement judgment didn’t become final before unpatentability decision did.
- Patent holder’s effort to stop Utah company from making sales that holder claimed
Artificial Intelligence Litigation Risks in the Employment Discrimination Context
By Gerald L. Maatman, Jr., Alex W. Karasik, and George J. Schaller Duane Morris Takeaway: Artificial intelligence took the employment world by storm in 2023, quickly becoming one of the most talked about and debated subjects among corporate counsel across the country. Companies will continue to use AI as a resource to enhance decision-making processes
EEOC Weighs In On Novel Artificial Intelligence Suit Alleging Discriminatory Hiring Practices
By Gerald L. Maatman, Jr., Alex W, Karasik, and George J. Schaller Duane Morris Takeaways: In Mobley v. Workday, Inc., Case No. 23-CV-770 (N.D. Cal. April 9, 2024) (ECF No. 60), the Equal Employment Opportunity Commission (“EEOC”) filed a Motion for Leave to File an Amicus Brief in Support of Plaintiff and in Opposition to Defendant’s Motion