AI in the Hot Seat: Plaintiffs bar, data, AI training models, and liability

Colin Kass | Proskauer

With 20+ years’ experience, Colin Kass has handled many of the nation’s most complex and innovative antitrust cases to date. His practice involves a wide range of industries, including financial services, healthcare, sports, media, pharmaceuticals/life sciences, technology and automotive markets, and spans the full-range of antitrust and unfair competition-related litigation, including class actions, competitor suits, dealer/distributor termination suits, price discrimination cases, criminal price-fixing probes, and merger injunctions. Colin also has extensive experience interfacing with the Federal Trade Commission and Department of Justice, obtaining clearance for competitively-sensitive transactions and handling anticompetitive practices investigations. He also counsels clients on their sales, distribution, and marketing practices, strategic ventures, and general antitrust compliance. Colin is an author and frequent commentator on antitrust-related issues in a spectrum of industries including technology, and has been noted in Law360, Global Competitive Review, HR Dive, TechTarget, Financier Worldwide and Bloomberg Law. He has been recognized by Chambers USA, named a ‘Litigation Star’ by Benchmark Litigation and named a 2022 Lawdragon 500 ‘Leading Litigator in America.’

David Munkittrick | Proskauer

A seasoned litigator and trial lawyer, David Munkittrick specializes in complex commercial litigation and high-scale matters related to antitrust and copyright issues. He covers the full gamut of dispute resolution, from complaint through appeal. David advises antitrust clients in a range of industries, including entertainment, automotive, pharmaceutical, healthcare, agriculture, hospitality, financial services, and sports. He has been involved in some of the most significant antitrust matters over the past few years, obtaining favorable results for Fortune 500 companies and other clients in bench and jury trials involving price discrimination and group boycott claims. David also advises music, publishing, medical device, sports, and technology clients in navigating complex copyright issues and compliance. He frequently speaks on antitrust and copyright issues, and has authored or co-authored numerous articles and treatise chapters for numerous publications including Law360, Practising Law Institute (PLI), Financier Worldwide, Cybersecurity Law Report, and Intellectual Property Magazine. David was recognized as a 2022 Rising Star by Managing IP, which recognizes some of the best up-and-coming intellectual property practitioners in private practice who have contributed to the success of their firms and clients.

I. Emerging issues that have gained the focus of the plaintiffs’ bar and government enforcers | 2:00pm – 2:15pm

II. Can web data be used to train AI models? | 2:15pm – 2:30pm

III. How are companies trying to prevent their data from finding its way into an AI training set? | 2:30pm – 2:45pm

IV. If AI breaks the law, who’s liable? | 2:45pm – 3:00pm