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Keker, Van Nest & Peters is Key Player in Emerging Disputes Over AI

Daily Journal
07/29/2024

Keker, Van Nest & Peters has established itself at the forefront of intellectual property litigation within Silicon Valley, particularly in the evolving field of artificial intelligence. The firm's rich history in the region has made it a trusted representative for some of the most significant players in AI, including OpenAI and Google, Inc.

A key factor that draws clients to KVP is its demonstrated expertise and readiness to handle a wide range of cases, particularly those that may go to trial. Partner Michelle Ybarra highlights that this preparedness is a significant attraction for potential clients. The firm's comprehensive approach to litigation, coupled with its ability to navigate complex legal landscapes, sets it apart from competitors.

KVP represents OpenAI in several high-profile cases, one of which is Authors Guild et al. v OpenAI Inc., et al., a copyright class action that challenges the use of copyrighted materials to train OpenAI's flagship large language model. In a similar case, New York Times Company v. Microsoft Corporation et.al, KVP is defending OpenAI against allegations that ChatGPT's AI-generated responses unlawfully reproduce protected content from The New York Times. According to partner Paven Malhotra, while each case's specific details differ, the outcomes often hinge on how the courts interpret the concept of "fair use."

Beyond the courtroom, KVP’s reputation as a formidable litigation firm also plays a significant role in its success. Partner Bob Van Nest notes that the firm's strong trial presentations often lead to favorable settlements as seen in the trial of Singular Computing LLC v. Google LLC where KVP secured a settlement during the trial phase. Van Nest attributes this to the firm's ability to leverage its strong trial presentation to achieve the best results for its clients.

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