Case Studies
J.S. Held Acquires Clark Seif Clark, Strengthening West Coast Capabilities for Environmental Claims, Disputes, and Catastrophe Response
Read MoreTHOMSON REUTERS ENTERPRISE CENTRE GMBH and West Publishing Corp., Plaintiffs, v. ROSS INTELLIGENCE INC., Defendant.
United States District Court, D. Delaware, Case No. 1:20-cv-613-SB
James E. Malackowski serves as the financial damages expert and expert on the fourth fair use factor (market impact) in Thomson Reuters Enterprise Inc. et al. v. ROSS Intelligence Inc., one of the most significant copyright disputes involving generative artificial intelligence and machine learning systems.
This landmark case addresses allegations of copyright infringement and tortious interference arising from the use of Thomson Reuters' proprietary Westlaw legal research content—specifically, the copyrighted West Key Number System and Westlaw Headnotes—to train an AI-powered legal research platform. The litigation examines fundamental questions about the boundaries between AI use and copyright protection, the existence of licensing markets for AI training data, and the economic impact of AI model training on content owners' existing and potential markets.
Expert Analysis
Our engagement comprised comprehensive expert analysis addressing:
Significance
This engagement exemplifies the complex intersection of intellectual property law, artificial intelligence technology, and economic damages analysis that defines the emerging field of AI disputes. The case is significant for enterprise AI governance and addresses critical questions facing every organization deploying generative AI systems:
> Artificial Intelligence (AI) Disputes
As artificial intelligence (AI) and large learning models (LLMs) become more prevalent in global business, we help organizations address accompanying governance and security risks. We rank evolving risks and develop plans to address, identify emerging AI opportunities, implement sound protocols and governance programs, and provide ongoing assessments, training, and support.
> Artificial Intelligence (AI)
As organizations scale their use of AI, they face critical questions around valuing AI assets, resolving disputes, managing risk, and building effective governance frameworks. We help clients navigate these questions with confidence, offering technical and business expertise across intellectual property (IP) valuation, litigation support, and responsible AI deployment.
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