The Proposed AI Agent Accountability Act Seeks to Extend Hacking Liability to Developers and Operators. Pros and cons?

The Hawley-Murphy proposal would extend hacking liability to AI developers and operators. This analysis examines existing CFAA limits, private remedies, and a different liability model proposed in Rhode Island.

The Third Circuit’s Decision in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. Protects Westlaw’s Market for Licensing Headnotes to AI Rivals. Now what?

The Third Circuit protected a potential market for licensing Westlaw headnotes to train AI. This analysis examines the separate antitrust record and what copyright leaves unresolved about competitive access.

Intuitive Surgical Seeks Ninth Circuit En Banc Review in Surgical Instrument Service Co. v. Intuitive Surgical, Inc. to Restore a Lock-In Defense Monopolists Never Had a Right To

J.R. Howell argues that the Ninth Circuit should preserve its aftermarket ruling. Intuitive reportedly seeks en banc review. The panel relied on evidence of equipment market power and left antitrust liability unresolved.

New Jersey’s Amazon Complaint Shows Worker Surveillance and Monopsony Are One Legal Problem

New Jersey’s allegations connect Amazon’s control over delivery contractors with driver pay and job mobility. The article examines Amazon’s response and California’s separate competition and surveillance laws. The complaint has not established liability.

Sixth Circuit Will Decide Whether Private Class Settlements Can Extinguish State Damages Claims in In re RealPage, Inc., Rental Software Antitrust Litigation (No. II)

The Sixth Circuit is reviewing whether private settlements with RealPage landlords can release damages claims pursued by state attorneys general for residents. The district court preserved claims vindicating sovereign interests, including civil penalties and injunctions.

The Newsom Administration’s Oversight Scandal: $201.7 Million in Taxpayer-Funded Fees, Unanswered Warnings

The report examines approximately $201.7 million in reported administrative fees, California’s grant contracts, and allegations that state agencies failed to enforce privacy duties across Lendistry’s systems. It distinguishes documentary records from claims awaiting adjudication.

Employer-Side AI Screening Is On by Default at LinkedIn, Indeed, and SimplyHired

Employer-side AI tools evaluate applications for participating employers on LinkedIn and Indeed. J.R. Howell examines California privacy rules, potential vendor liability, and competition concerns arising from applicant data. Product enrollment and regulatory coverage matter.

SDNY Blocks Part of New York’s Algorithmic Rent Law on First Amendment Grounds in RealPage, Inc. v. James

The article examines the preliminary injunction against one provision of New York’s algorithmic rent law. It distinguishes pricing advice from actual anticompetitive agreements and considers the unresolved basis for facial relief.

The Ninth Circuit Revives a White Employee’s Harassment Claims in Diemert v. City of Seattle

The article examines the Ninth Circuit’s treatment of Diemert’s workplace harassment claims and the history of individual protection under civil rights law. It distinguishes the surviving claims from findings of liability.

A California Federal Court Allows a Zero-Fee Antitrust Damages Model in Affinity Credit Union v. Apple Inc.

The article examines class certification and the proposed zero-fee benchmark in the Apple Pay issuer litigation. It considers the economic evidence needed to distinguish an observed pricing difference from harm caused by unlawful conduct.