The first AI litigation wave focused on copyright. As this wave crests, with early indicators from Judges Alsup, Chhabria, Bibas, Stein, among others, a second swells. The next wave will shift from training LLMs to deploying agents. These agents, in the virtual and physical worlds, present use cases that may upend every form of work--including that of lawyers. Agent proliferation implicates novel issues around the Computer Fraud and Abuse Act, online contract, trespass, tortious interference, unfair competition, antitrust and product liability.
Given the accelerating maturation of AI tooling, lawyers litigating this agent-focused set of cases will have powerful tools available. This article reviews the coming second wave of agent-focused AI cases and how lawyers can use AI when litigating them.
LINKS
Read “Riding AI Litigation’s Second Wave – With AI,” authored by Michael Burshteyn, published by the Daily Journal.