The Criterion AI Blog

Expert perspectives on AI litigation, algorithmic accountability, and the evolving legal landscape of artificial intelligence.

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March 2026 · AI Litigation

The OpenAI Discovery Bomb: What 78 Million Output Logs Mean for AI Litigation

A federal court ordered OpenAI to produce 78 million output logs. This ruling transforms AI litigation discovery and sets a precedent every AI company should fear.

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March 2026 · AI & Finance

Fed Rate Hikes and AI: How Stagflation Could Reshape AI Investment Liability

Powell floated rate hikes amid an oil shock. Companies that bet billions on AI during the boom now face a new kind of liability as capital markets tighten.

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March 2026 · Military AI

Iran, Oil, and Autonomous Weapons: The FRE 707 Problem in Real Time

Autonomous weapons are generating targeting data in an active conflict. When this evidence reaches American courtrooms, FRE 707 will determine whether it is admissible.

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March 2026 · AI Regulation

The 2026 AI Compliance Map: Every State Law Your Company Needs to Know

California SB 53, Colorado's AI Act, the FTC's new policy statement, and a patchwork of state laws are creating compliance chaos. Here is your map through it.

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March 2026 · Digital Forensics

Can AI-Generated Evidence Be Trusted? A Practical Guide for Judges

Deepfakes are entering courtrooms. Judges need a practical framework for evaluating AI-generated evidence. This guide provides one.

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March 2026 · Consumer AI

Grammarly's Expert Review Class Action: When AI Marketing Becomes Fraud

A class action alleges Grammarly's AI Expert Review feature was neither expert nor a review. This case could reshape how AI companies market their products.

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March 2026 · AI Regulation

The First Federal AI Enforcement Playbook: What the FTC's New Policy Statement Means

The FTC just issued its first comprehensive AI policy statement under the FTC Act. Here is what it means for AI companies and the lawyers who advise them.

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March 2026 · Health AI

AI Medical Scribes Are Getting Doctors Sued: The Expert Witness Playbook

AI medical scribes are generating clinical notes with errors that lead to misdiagnosis and malpractice claims. Here is the litigation playbook.

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February 2026 · AI & Privilege

Your AI Knows Your Legal Strategy. So Does Opposing Counsel: What Heppner Means for Every Firm Using GenAI

A former CEO typed his defense strategy into Claude. Judge Rakoff handed all 31 documents to the prosecution. The moment consumer AI became a discoverable liability, and what every firm using GenAI needs to change now.

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February 2026 · AI & Legal Ethics

Gordon Rees Does It Again: The Second AI Hallucination Brief and Why Courts Are Losing Patience

An Am Law 100 firm filed another brief with AI-fabricated case citations after promising it wouldn't happen again. The pattern of AI hallucinations in legal filings is accelerating, and courts are done being patient.

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February 2026 · AI Regulation

California's AI Accountability Unit: What AG Bonta's xAI Investigation Means for AI Companies

California's Attorney General is building a dedicated AI enforcement unit and probing xAI over non-consensual deepfakes. The regulatory enforcement implications for AI companies operating in the state are significant.

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February 2026 · AI Litigation

The $2,500 AI Hallucination Fine: Federal Appeals Court Says the Problem 'Shows No Sign of Abating'

A federal appeals court sanctioned a lawyer for submitting AI-generated fake citations, noting the problem "shows no sign of abating." Sanctions are escalating and courts are running out of patience.

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February 2026 · AI & Privilege

AI Privilege After Heppner: What Every BigLaw Firm Is Saying

Gibson Dunn, Jones Day, Morgan Lewis, A&O Shearman, Debevoise, and more have all published their analyses of Judge Rakoff's Heppner ruling. Here's where the firms agree, where they diverge, and what you should do now.

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February 2026 · Evidence Law

FRE 707: The Definitive Guide to the Proposed Federal Rule for Machine-Generated Evidence

The comprehensive reference on FRE 707: what it is, how it interacts with Daubert and FRE 702, implications across industries, and what litigators should do now to prepare.

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February 2026 · Expert Witnesses

How to Hire an AI Expert Witness: What Lawyers Need to Know

A practical guide for litigators on finding, vetting, and retaining AI expert witnesses. Covers Daubert qualification, engagement types, what to look for, and red flags to avoid.

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February 2026 · AI Litigation

AI Hallucinations in Court: Every Case, Every Sanction, Every Lesson (2023-2026)

The comprehensive tracker of every known case where AI hallucinations affected legal proceedings. From Mata v. Avianca to the latest sanctions, with pattern analysis and prevention frameworks.

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February 2026 · AI Regulation

State-by-State AI Regulation Guide: Every Law You Need to Know in 2026

A comprehensive tracker of AI legislation across all 50 states — from California's Transparency Act to Colorado's AI Act to Texas TRAIGA. With 78+ bills active across 27 states and a federal preemption battle brewing, this is the definitive compliance guide.

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February 2026 · AI & Defense

Pentagon vs. Anthropic: When AI Safeguards Become a Legal Battleground

The Pentagon is threatening to blacklist Anthropic over its refusal to remove AI safety guardrails for military use. With $7 billion in defense AI contracts at stake, this dispute will reshape the legal status of AI safety practices for years to come.

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February 2026 · AI & Education

DOJ v. Harvard: What 5 Years of Admissions Data Reveals About Algorithmic Bias

The DOJ sued Harvard for withholding admissions data amid rising AI adoption in higher education. As half of admissions offices now use AI tools, algorithmic bias analysis is becoming central to education discrimination litigation.

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February 2026 · AI Regulation

South Korea's AI Act: A Global Benchmark for AI Liability?

South Korea became the first country to enforce frontier AI safety requirements. For companies operating across the EU, Asia, and the US, the cross-jurisdictional compliance and liability implications are staggering.

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February 2026 · Consumer AI

Anthropic Goes Mainstream: What Super Bowl AI Ads Mean for Courtroom AI

AI companies aired Super Bowl ads to 120 million viewers, marking the moment AI went fully consumer. The shift triggers new exposure to product liability, FTC enforcement, and class action litigation.

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February 2026 · Robotics & Liability

Autonomous Systems and Product Liability: The Legal Future of Humanoid Robots

Tesla's Optimus is entering mass production with consumer sales planned for 2027. The humanoid robot market is growing at 39% annually, and the product liability system has no precedent for a 130-pound autonomous machine in your home.

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February 2026 · Military AI

When AI Goes to War: FRE 707 and the Evidentiary Challenge of Military AI

The US military deployed Anthropic's Claude AI during Operation Absolute Resolve in Venezuela. The evidentiary, constitutional, and international law questions that follow are as complex as any the legal system has ever faced.

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February 2026 · AI & Legal Ethics

When AI Meets Privilege: What Lawyers Need to Know After US v. Heppner

Judge Jed Rakoff ruled that AI-generated documents shared with counsel are not protected by attorney-client privilege. Every lawyer using AI needs to rethink their workflow immediately.

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February 2026 · Employment & AI

Baker McKenzie Cut 1,000 Jobs for AI. Here Come the Lawsuits.

The first mega-firm to openly attribute mass layoffs to AI adoption faces wrongful termination, disparate impact, and age discrimination claims. AI expert witnesses will be essential in these cases.

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February 2026 · Autonomous Vehicles

The NHTSA Probe: 2.9 Million Teslas and the FSD Liability Question

NHTSA is investigating Tesla's Full Self-Driving system across 2.9 million vehicles. The product liability framework for autonomous driving AI is being written in real time.

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February 2026 · AI & Finance

Agentic AI in Finance: Who's Liable When the Bot Loses Your Money?

AI agents are making autonomous financial decisions with real money. Fiduciary duty, negligence, and product liability frameworks all apply, and none of them fits cleanly.

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February 2026 · AI Industry

The AI Whistleblower Wave: When Engineers Know the Model Is Broken

AI engineers at major companies are discovering their models are defective, biased, or dangerous. The coming wave of whistleblower litigation, spanning products liability, securities fraud, and retaliation claims, will reshape the industry.

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February 2026 · AI Discrimination

Religious Discrimination by Algorithm: When AI Systems Cannot Handle Faith-Based Edge Cases

From hiring algorithms that penalize resume gaps for Hajj to facial recognition that fails on hijabs and turbans, AI systems are creating a new category of religious discrimination claims at the intersection of AI bias and religious liberty law.

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February 2026 · Healthcare AI

The AI Medical Scribe Problem: When Clinical Documentation AI Gets It Wrong

Hospital AI scribes like Nuance DAX and Abridge are documenting millions of patient encounters. When they misrecord a diagnosis or omit a critical finding, the malpractice implications are profound and the standard of care is still forming.

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February 2026 · AI Liability

AI Agents With Wallets: Liability When Autonomous Systems Execute Financial Transactions

AI agents are making purchases, executing trades, and entering contracts with real money. Agency law was never designed for principals whose agents have no legal personhood, and the liability questions are genuinely novel.

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February 2026 · AI Liability

Agentic AI and the Liability Gap: When Autonomous Systems Act Without Permission

As AI systems gain the ability to take independent actions, the gap between what these systems can do and what the law is prepared to handle is widening rapidly. An expert analysis of the emerging liability framework.

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February 2026 · AI Litigation

AI Hallucinations in the Courtroom: Who's Liable When LLMs Fabricate?

Large language models generate convincing but fabricated content with alarming regularity. When hallucinated outputs cause real harm, the question of liability implicates developers, deployers, and the users who relied on the output.

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February 2026 · AI Regulation

The EU AI Act Is Here: What US Companies and Their Lawyers Need to Know

The EU AI Act is the most comprehensive AI regulation in the world, and its extraterritorial reach means US companies cannot ignore it. A practical guide to compliance obligations, risk classification, and enforcement.

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February 2026 · Employment AI

The Algorithmic Hiring Trap: How AI Screening Tools Discriminate

AI hiring tools promise efficiency and objectivity. In practice, they often replicate and amplify the biases present in historical hiring data, creating new forms of employment discrimination at scale.

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February 2025 · Digital Forensics

Synthetic Evidence: When AI-Generated Photos, Audio, and Video Enter Litigation

Deepfake technology has reached the point where fabricated evidence can survive casual scrutiny. For the legal system, which depends on the authenticity of evidence, this represents an existential challenge requiring new forensic approaches.

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February 2025 · Health Insurance AI

When AI Denies Your Health Insurance Claim: The Legal Reckoning

Inside the algorithms that deny prior authorization requests at scale, the lawsuits challenging them, and how expert witnesses can prove algorithmic harm in court.

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February 2025 · AI Litigation

The AI Liability Landscape in 2025: What Every Litigator Needs to Know

From the New York Times v. OpenAI copyright battle to the explosion of AI product liability claims, 2025 has become a watershed year for AI litigation. An expert witness perspective on the cases reshaping the field.

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