Orrick Partner Authors Groundbreaking Treatise on AI Litigation Impact and Future

July.11.2022

Partner Mark Davies today published a treatise, Artificial Intelligence: Law & Litigation, that provides an unprecedented examination of how AI and its impact on new technologies is fast becoming the new frontier in litigation.

“American litigation resolved disputes concerning the light bulb, the airplane, and the world wide web,” Mark writes. “AI is next.”

Mark is a member of Orrick’s Supreme Court and Appellate practice and part of our holistic approach to advising clients on a full-range of AI-related issues, including IP, data protection and for tech companies in all stages of the AI supply chain. Mark’s book details how AI-related litigation is already exploding across a wide array of practice areas, from antitrust and IP to privacy and employment. As a result, Mark describes his treatise as a “judicial approach” to AI litigation strategy, breaking out subjects by practice to offer a guide to understanding key applicable statutes and precedent.

Will AI overtake us?” Mark writes in his introduction. “As Supreme Court Justice Elana Kagan recently put it while criticizing the use of machine learning in determining voting districts, “someplace along this road, ‘we the people’ become sovereign no longer.” A final chapter uses the Emotional Intelligence moniker to bring attention to alternative judicial reactions to the power of AI. My hope in preparing this book is that together we can bring the necessary confidence to decision-making.