Artificial Intelligence

Artificial intelligence (AI) refers to the capacity of computers to simulate intelligent behavior. While AI has great potential to provide useful tools and services, it also can harm consumers, workers, investors — all of us — in ways that can be hard to detect.

Lieff Cabraser is committed to fighting for the rights of people and businesses harmed by misuse of AI, and does not believe that the benefits of AI justifies unfair or unlawful conduct by AI developers. We currently have cases or investigations in the following areas. Click on the links below to learn more, or contact us for a no charge and no obligation review of your AI-related concerns.

Large Language Model Copyright Infringement

Large language models or ‘LLMs’ are systems designed to output human-seeming text responses to users’ prompts and queries, such as ChatGPT. These models are “trained” on vast amounts of data, including copyrighted works, and are much more potentially lucrative by dint of having ingested published books. Lieff Cabraser represents professional fiction writers and the Authors Guild in a class action alleging that OpenAI copied the plaintiffs’ works without consent or compensation to “train” its LLM.

Price-Fixing Through AI or Algorithms

It is unlawful for competitors to collude to raise prices or restrain supply.  Collusion facilitated by AI or other technological means is just as unlawful as a conspiracy reached through direct communications and handshakes.  For instance, Lieff Cabraser represents renters alleging unlawful collusion among the nation’s largest lessors of multi-family residential real estate, alleging that the lessors use data analytics platform RealPage to collude on rental prices and avoid competition.

AI and Worker Rights

Hiring: Many employers use AI to source, recruit, screen, and interview job applicants. Common applications include lead generation, candidate recommendations, and video interviews. If not properly trained using representative data, AI may result in discrimination against protected groups, including people of color, women, and applicants over the age of 40. Lieff Cabraser is investigating AI hiring technologies that result in discrimination. If you think you may have been denied a job for this reason, please contact us for a no obligation review.

Employee Monitoring: Workplace analytics try to measure or predict employees’ productivity by monitoring their activities and/or biometric data. Harvesting employees’ data can be illegal for many reasons.  When used to make promotions, discipline, performance, or pay decisions, this technology can discriminate. Harvesting employee data without prior express consent may also violate surveillance and privacy laws. Lieff Cabraser is investigating workplace analytics technologies. If you think you may have been the victim of an adverse employment action because of a decision informed by workplace analytics, or unlawfully surveilled, please contact us for a no obligation review.

Misclassification:  Lieff Cabraser has been at the forefront of cases involving the impact of new technologies on workers’ day-to-day activities. At times, employers wrongly have misclassified workers as no longer deserving of basic overtime simply based on “new” technology.  Just as using a computer did make one a computer engineer, workers today are entitled to a proper and lawful application of the fair labor laws, whatever technology they use.  If your employer is saying you no longer deserve overtime due only to your use of a new technology, please contact us for a no obligation review.

Privacy Violations

21st century privacy violations implicate control of sensitive information and conceptions of fundamental personal dignity. AI applications have the risk of improperly amassing and using legally protected information. Lieff Cabraser is a leader in seeking redress for those whose information was taken, or used against them in egregiously exploitative ways. If you know of privacy violations, please contact us for a no obligation review.

Use of AI to Commit Health Care Fraud or Deny Patient Services – Whistleblower Practice

AI has the potential to improve medical diagnostics and care, but it also can be a dangerously-effective vehicle for fraud that harms patients and/or cheats the government.  Areas to watch include use of AI to override medical judgment and to data-mine patient medical records for unwarranted billing opportunities untethered to care. Lieff Cabraser has represented a number of health care professionals who have blown the whistle on managed care and other health care fraud, ranging from health care providers to auditors and coders. Please contact us for a no-obligation review of your situation

Our Team

Edward Baker
Of Counsel
Jallé Dafa
Kelly M. Dermody
Rachel Geman
Dean M. Harvey
Daniel M. Hutchinson
Anne B. Shaver
AI Practice Chair
Michael W. Sobol

Contact us

We will review your case without charge or obligation. Lieff Cabraser agrees to protect your name and all confidential information you submit against disclosure, publication or unauthorized use to the full extent under the law.