Last June, Microsoft, OpenAI and others were hit with a class action lawsuit involving their AI data-scraping technologies. On Tuesday (September 5, 2023) another class action lawsuit was filed against them. The gravamen of both of these complaints is that these companies allegedly trained their AI technologies using personal information from millions of users, in
Corporate & Commercial
Ten Things: Cool Tech for In-House Counsel (2023 Edition)
Hello again everyone and welcome to another edition of “Ten Things You Need to Know as In-House Counsel.” This is one of my favorite posts of the year because every August for the past eight years (really?) I have written about “cool tech” for in-house lawyers – and this year is no exception![1] …
Reverse CFIUS Unveiled: Focus on China, Semiconductors, Artificial Intelligence, and Quantum Computing
本文作者:J. Scott Maberry, Reid Whitten, Fatema Merchant, Jonathan Wang, Lisa Mays
本文翻译:美国盛智律师事务所上海办公室
Shanghai Office Contact Person: Michael Zhang
On August 9, 2023, President Biden issued an Executive Order (E.O.) ordering the issuance of outbound investment restrictions. This E.O. comes after nearly a year of anticipation (as we have documented on several occasions…
Ten Things: Ten Maxims to Make Your In-House Counsel Life Easier
This week I have gone back through the last several “Ten Things” posts and, man, am I wordy! There is a lot to digest there (ChatGPT, marketing law, managing people, etc.) and I hope it hasn’t caused any of you to give up and look for someone with a pithier style. …
Intellectual Property and Artificial Intelligence Art
The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Now the discussion has expanded to consider the possible legal ramifications of art that is produced with an algorithm based on the data of other existing art styles. How…
Deal-maker or deal-breaker: the legal ins and outs of using AI in M&A
Deals involving AI bring about specific and unique issues for consideration during the due diligence process. Understanding the specific challenges created by AI is important for companies to ensure that the AI technology holds genuine value and would not raise red flags during the course of a transaction. Some important advice for companies looking to…
Lawyers and ChatGPT — Averting a Possible Disaster

Co-author Emily Morris*
Last month Tilting blogged about Peter LoDuca, Steven A. Schwartz and their New York law firm who New York Federal Judge Kevin Castel chastised for submitting non-existent judicial opinions with fake quotes and citations created by the artificial intelligence tool ChatGPT. Worse yet, they continued to stand by the fake opinions after…
Legal Research Gone Wrong: A Cautionary Tale About Relying on ChatGPT

Claiming that he was injured when a metal serving cart struck his knee during a flight from El Salvador to New York in 2019, Robert Mata recently sued Avianca Airlines. Avianca filed a motion to dismiss in New York federal court arguing the lawsuit was too late; the statute of limitations had expired. Vehemently…
Improper Development, Deployment, Use or Marketing of Artificial Intelligence Will Result in P(ai)n
For anyone who thinks they can develop, deploy, use, or market artificial intelligence with impunity, think again.
Today the Federal Trade Commission (FTC), the Department of Justice Civil Rights Division (DOJ), the Consumer Financial Protection Bureau (CFPB), and the U.S. Equal Employment Opportunity Commission (EEOC) released a joint statement (the “Joint Statement”) reminding the public…
Will I Be Replaced by ChatGPT?
After reading about it for months, I finally signed up for the free version of Open AI’s ChatGPT and decided to ask it the following basic question that has come up frequently in my law practice:

If I am forming an LLC to purchase real property in New York, should I organize the LLC in…