It’s hard to keep up with all of the legal challenges related to artificial intelligence tools (AI), but here are a couple of noteworthy ones that have surfaced in the past few weeks, in case you haven’t seen them.

Two New York lawyers are facing possible sanctions for using ChatGPT to assist with a brief, which included citing non-existent cases against non-existing airlines. This is a perfect example of how the use of ChatGPT can go wrong and “hallucinate,” and how human interaction and confirmation is critical to its use. Nothing like citing non-existent cases to get a judge really mad.

Another interesting development is that Georgia radio host Mark Walters has filed a defamation suit against OpenAI LLC, the developer of ChatGPT, alleging that a legal summary generated by ChatGPT that connects him to a lawsuit filed in the State of Washington relating to accusations of embezzlement from a gun rights group is false and a hallucination. Walters has stated that he has never been accused of embezzlement and never worked for the gun rights group.

It is being reported that this is “the first defamation suit against the creator of a generative AI tool.”

The legal challenges with AI are vast and varied and we will try to keep our readers informed on the myriad of relevant issues as they arise.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.