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Cases will shape AI in 2024, as AI shapes courts
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REUTERS/Kacper Pempel/Illustration
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The impact of AI in courts and the broader legal industry will accelerate in 2024, experts say. But several pending court cases could change the future of AI as well.
In 2023, judges across the country grappled with the use of evolving AI tools in their courtrooms, particularly after lawyers made headlines for submitting legal briefs with fictitious case citations that were generated by tools like OpenAI’s ChatGPT, Sara Merken reports.
“Lawyers regularly use AI and generative AI without even realizing it,” such as in legal research tools or in Microsoft Word, said Andrew Perlman, the dean of Suffolk University Law School. The technology, meanwhile, only promises to become more powerful with time.
But if 2023 was the year that artificial intelligence changed everything, 2024 could go down as the year that U.S. copyright law changed AI, writes Blake Brittain.
That’s because of a spate of copyright cases by writers, artists and other copyright holders who say AI has only succeeded thanks to their work. Courts have not yet addressed the lawsuits’ potentially multi-billion-dollar question of whether AI companies are infringing on a massive scale by training their systems with reams of images, writings and other data scraped from the internet.
>>> Read more: US Supreme Court’s Roberts urges ‘caution’ as AI reshapes legal field /// Ex-Trump fixer Michael Cohen says AI created fake cases in court filing
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That’s roughly the number of petitions for elections that unions filed in the fiscal year that ended Sept. 30, a 3% increase from the previous year and a surge of nearly 60% since 2021, our colleague Daniel Wiessner reports. Despite the increase, unions added fewer than 100,000 new members in fiscal 2023, and only about 6% of private-sector workers are represented by unions. Unions are poised to capitalize in the new year on NLRB rulings that bolstered organizing.
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“The litigation story is just beginning.“
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- On Tuesday, jury selection is set to begin in the prosecution of Javier Aguilar, a former employee of European oil trading firm Vitol, on charges of scheming to bribe officials in Ecuador, Luc Cohen reports. Opening statements in Brooklyn federal court are expected to begin the following day. Aguilar, represented by lawyers from Quinn Emanuel, has pleaded not guilty.
- On Wednesday, New York attorney David Schwartz faces a deadline to respond to filings from former Donald Trump fixer Michael Cohen, who said in newly unsealed papers that he mistakenly gave his attorney fake case citations generated by an artificial intelligence program that made their way into a court filing. Schwartz included the case citations in a motion seeking an early end to Cohen’s supervised release following his imprisonment for campaign finance violations.
- On Thursday, closing arguments are scheduled in a trial over claims from a former federal public defender in North Carolina who accused the judiciary of being deliberately indifferent to her complaints of sexual harassment. Caryn Strickland alleges that she was sexually harassed by a superior and stonewalled in her efforts to have the judiciary address her complaint. A DOJ lawyer said at the trial’s start that “Strickland only suffered sexual harassment in her mind.”
- On Friday, a 2nd Circuit panel will hear arguments in disgraced celebrity lawyer Michael Avenatti’s bid to overturn his 2022 conviction and four-year prison sentence for defrauding his best-known client, porn star Stormy Daniels, out of a book contract. Avenatti represented Daniels as she tried to nullify a non-disclosure agreement with ex-President Donald Trump.
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Court calendars are subject to last-minute docket changes.
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