Litigating AI: Understanding Litigation Over Enterprise Implementation of Artificial Intelligence

As enterprises increasingly integrate artificial intelligence into core business operations, the legal landscape surrounding AI performance disputes is rapidly evolving. This on-demand CLE examines how the unique characteristics of AI—including stochastic outputs, the black box problem, and complex causation chains involving human, model, and third-party actors—create novel challenges for commercial litigators. The presentation surveys potential claims from breach of contract and warranty to fraud and products liability, and proposes new warranty frameworks specifically designed for AI models. It also addresses practical considerations for discovery, trial strategy, and risk management checklists for in-house counsel. Whether advising on AI procurement or preparing for an AI performance dispute, this program provides an essential roadmap for navigating this emerging area of law.

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