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Insights
Nov 14, 2024

AI & Your Business: Libel Risks

As lawyers who often defend defamation suits, we know from experience that it’s not just media defendants who are sued for libel. Defamation suits are routinely filed against all sorts of businesses, arising from all kinds of content and communications. As the pressure to compete pushes more businesses to incorporate generative AI into their content-creation processes, it is important to be mindful of the different ways a libel lawsuit might arise. This applies to text, images, video, audio, and all other types of content and information. We expect to see a flurry of cases stemming from AI-generated content in the coming years falling into one of these four general categories: Libel by juxtaposition: This can result where truthful information about two different individuals or entities is juxtaposed as part of generative AI output, making it seem like the output is about the same person or entity. Libel by hallucination: the AI output text is simply not true. Libel by omission: In this scenario, the AI output is true, but a missing fact changes its meaning. Libel by misquote: When generative AI output gets a quote wrong (even by a word or two), or misattributes a quote to the wrong person, the result can be a libel lawsuit.  This insight details some of the first U.S. lawsuits arising from AI and libel which both illustrate the first and second of these scenarios: libel by juxtaposition and libel by hallucination.
Blog Post
Nov 13, 2024

PFAS in food packaging: state-by-state regulations

In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws.  Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging materials (“Food Packaging”), and there are 15 (fifteen) proposed bills that are currently pending in various states.  These laws are intended to address concerns that storing food in Food Packaging that contains PFAS compounds may result in increased ingestion of those PFAS substances.  Related to food packaging, a growing number of states are enacting or proposing general bills involving the recyclability of food or beverage packaging, but this client alert does not specifically address those requirements as these measures do not exclusively involve PFAS substances. According to the United States Environmental Protection Agency (“EPA”), commonly cited examples of Food Packaging that have historically contained PFAS substances include “grease-resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes, and candy wrappers.”
Insights
Nov 12, 2024

Powering up data centre development in SE Asia with new direct PPA frameworks

This insight highlights government initiatives in Southeast Asia that promote data centre development through Direct Power Purchase Agreements schemes. As jurisdictions compete to attract investment in the power intensive data centre and digital infrastructure sectors, they are also looking to do promote development in a way that is consistent with national decarbonisation commitments.

News & Insights

Insights
Nov 14, 2024
AI & Your Business: Libel Risks
As lawyers who often defend defamation suits, we know from experience that it’s not just media defendants who are sued for libel. Defamation suits are routinely filed against all sorts of businesses, arising from all kinds of content and communications. As the pressure to compete pushes more businesses to incorporate generative AI into their content-creation processes, it is important to be mindful of the different ways a libel lawsuit might arise. This applies to text, images, video, audio, and all other types of content and information. We expect to see a flurry of cases stemming from AI-generated content in the coming years falling into one of these four general categories: Libel by juxtaposition: This can result where truthful information about two different individuals or entities is juxtaposed as part of generative AI output, making it seem like the output is about the same person or entity. Libel by hallucination: the AI output text is simply not true. Libel by omission: In this scenario, the AI output is true, but a missing fact changes its meaning. Libel by misquote: When generative AI output gets a quote wrong (even by a word or two), or misattributes a quote to the wrong person, the result can be a libel lawsuit.  This insight details some of the first U.S. lawsuits arising from AI and libel which both illustrate the first and second of these scenarios: libel by juxtaposition and libel by hallucination.
Awards
Nov 14, 2024
BCLP’s Podium Program Recognized as a Finalist in the American Lawyer Industry Awards
News
Nov 14, 2024
Former SEC Lawyer Joins BCLP’s Litigation & Investigations Practice
News
Nov 14, 2024
New Partner Boosts BCLP’s Energy, Environment, and Infrastructure Team
Insights
Nov 14, 2024
The IBA Site Visit Protocol: A framework for avoiding disputes within disputes
News
Nov 13, 2024
BCLP advises the founders of TMP Convert SAS on the sale of the company to RPM International Inc.
Blog Post
Nov 13, 2024
PFAS in food packaging: state-by-state regulations
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws.  Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging materials (“Food Packaging”), and there are 15 (fifteen) proposed bills that are currently pending in various states.  These laws are intended to address concerns that storing food in Food Packaging that contains PFAS compounds may result in increased ingestion of those PFAS substances.  Related to food packaging, a growing number of states are enacting or proposing general bills involving the recyclability of food or beverage packaging, but this client alert does not specifically address those requirements as these measures do not exclusively involve PFAS substances. According to the United States Environmental Protection Agency (“EPA”), commonly cited examples of Food Packaging that have historically contained PFAS substances include “grease-resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes, and candy wrappers.”
Insights
Nov 12, 2024
Autumn Budget 2024: Key Takeaways for the UK’s Energy Sector – Part Two
Insights
Nov 12, 2024
Powering up data centre development in SE Asia with new direct PPA frameworks
This insight highlights government initiatives in Southeast Asia that promote data centre development through Direct Power Purchase Agreements schemes. As jurisdictions compete to attract investment in the power intensive data centre and digital infrastructure sectors, they are also looking to do promote development in a way that is consistent with national decarbonisation commitments.