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27 entries in In-House Counsel Tracker

DOJ Intervenes in xAI Lawsuit to Block Colorado's AI Discrimination Law[1][2][3]

xAI filed suit on April 9, 2026, in U.S. District Court for the District of Colorado to block enforcement of Colorado's SB24-205, a comprehensive AI anti-discrimination law scheduled to take effect June 30, 2026. The statute requires developers and deployers of high-risk AI systems—those used in hiring, lending, and admissions decisions—to conduct impact assessments, make disclosures, and implement risk mitigation measures to prevent algorithmic discrimination. Two weeks later, on April 24, the U.S. Department of Justice intervened with its own complaint, arguing the law violates the Equal Protection Clause by compelling demographic adjustments through disparate-impact liability while simultaneously authorizing discrimination through exemptions for diversity initiatives. The court granted DOJ's intervention and issued a stay suspending enforcement pending resolution.

DOJ export indictment triggers new probe of Super Micro’s controls

The Department of Justice unsealed an indictment in March 2026 charging three individuals tied to Super Micro Computer—two former employees and one contractor—with conspiring to violate U.S. export controls. The defendants allegedly diverted approximately $2.5 billion worth of servers containing advanced AI technology, including Nvidia chips, to China between 2024 and 2025. The indictment names co-founder and former senior vice president Yih‑Shyan "Wally" Liaw and a general manager from Super Micro's Taiwan office, who prosecutors say coordinated shipments through a third-party intermediary to circumvent export restrictions. Super Micro itself is not charged and has stated it was not accused of wrongdoing.

Brockman's Diary Revealed in Musk-OpenAI Trial First Week

Greg Brockman's personal diary emerged this week as central evidence in Elon Musk's lawsuit against OpenAI, with the co-founder and president testifying about his internal deliberations over converting the organization from nonprofit to for-profit status. The diary directly addresses Musk's core claim that OpenAI deceived him by abandoning its original mission to develop artificial intelligence for humanity's benefit. Testimony also revealed inflammatory communications: text messages in which Musk threatened to make Brockman and CEO Sam Altman "the most hated men in America" if no settlement was reached, and a 2017 meeting where Musk tore a painting from the wall after cofounders rejected his demand for majority equity.

Colorado’s Impending AI Law Thrown Into More Doubt By Court Ruling: What Will Happen Before June 30 Effective Date?

A federal magistrate judge issued a temporary restraining order on April 27, 2026, blocking Colorado from enforcing its artificial intelligence antidiscrimination law (SB 24-205). The order freezes all state investigations and enforcement actions while litigation proceeds and shields companies from penalties for violations occurring within 14 days after the court rules on a preliminary injunction motion. The law was set to take effect June 30.

Federal Court Halts Colorado AI Law Enforcement Days Before June Deadline

A federal magistrate judge in Colorado issued a stay on April 27, 2026, freezing enforcement of the Colorado AI Act (SB24-205) just weeks before its scheduled June 30 effective date. The order prevents the Colorado Attorney General from initiating investigations or enforcement actions under the law, effectively halting one of the country's most comprehensive state AI regulations. Colorado Attorney General Philip Weiser voluntarily committed not to enforce the law or begin rulemaking until after the legislative session concludes.

OpenAI CEO Sam Altman Faces Mounting Pressure Ahead of IPO

OpenAI and CEO Sam Altman face mounting pressure as the company prepares for a potential 2026 public offering. The intensifying scrutiny spans multiple fronts: internal competitive tensions with Anthropic, activist opposition, and legal proceedings. Most notably, Chief Revenue Officer Denise Dresser circulated a memo challenging Anthropic's financial claims, alleging inflated revenue through accounting methods and strategic errors in compute acquisition. Anthropic currently reports $30 billion in annualized revenue compared to OpenAI's last reported $25 billion. Separately, an activist group called Stop AI has conducted ongoing protests at OpenAI headquarters, with some members facing criminal trial for blocking the building. Altman was served a subpoena onstage in San Francisco in late April while speaking with basketball coach Steve Kerr, requiring him to testify as a witness in the criminal case.

Florida court tosses DPPA parking citation lawsuit over lack of injury

A federal judge in the Southern District of Florida dismissed a class-action lawsuit under the Driver's Privacy Protection Act against Professional Parking Management Corporation, finding the plaintiff lacked Article III standing. The suit alleged the company used license plate readers in private parking lots, cross-referenced plates against state DMV records without consent, and mailed notices demanding $94.99—styled to resemble official citations—for unpaid parking charges. The plaintiff sought nationwide class certification and added Florida consumer-protection claims.

Musk-Altman OpenAI trial opens with statements in Oakland court

Jury selection began April 28 in Elon Musk's lawsuit against OpenAI, Sam Altman, Greg Brockman, and Microsoft in U.S. District Court for the Northern District of California in Oakland. Opening statements occurred April 29. Musk alleges OpenAI breached its 2015 nonprofit founding agreement by converting to a for-profit model in 2019 with Microsoft backing, abandoning its stated mission to develop AI for humanity's benefit. He invested $38–45 million in the company. Musk seeks OpenAI's return to nonprofit status, removal of Altman and Brockman from leadership, and $134–150 billion in damages to be redirected to OpenAI's charitable arm.

Tesla Owners Sue Over Unfulfilled FSD Promises on HW3 Hardware

Tesla faces coordinated class-action litigation across multiple jurisdictions from owners of Hardware 3-equipped vehicles manufactured between 2016 and 2024. The plaintiffs allege that Tesla and Elon Musk made false representations that these vehicles would achieve full self-driving capability through software updates alone. A spring 2026 software release exposed Hardware 3's technical limitations, effectively excluding millions of owners from advanced autonomous features now reserved for newer Hardware 4 systems. The lead case, brought by retired attorney Tom LoSavio, centers on buyers who paid $8,000 to $12,000 for full self-driving capability that is now incompatible with their vehicles without costly hardware retrofits Tesla has not formally offered. Similar suits have been filed in Australia, the Netherlands, across Europe, and in California, where one action involves approximately 3,000 plaintiffs. Globally, the disputes affect roughly 4 million vehicles.

Seventh Circuit Rules BIPA Damages Cap Applies to Pending Cases

On April 1, 2026, the U.S. Court of Appeals for the Seventh Circuit issued a consolidated decision in Clay v. Union Pacific Railroad Co. holding that Illinois' August 2024 amendment to the Biometric Information Privacy Act applies retroactively to all pending cases. The amendment, enacted as SB 2979, caps statutory damages at one recovery per person per biometric collection method—eliminating the "per-scan" liability model that had exposed defendants to exponentially higher exposure. The court reversed three unanimous district court decisions from the Northern District of Illinois that had ruled the amendment applied only to future claims.

Workers File 7 Class-Action Lawsuits Against Mercor Over Data Breach Exposure[1][2]

Mercor, a $10 billion San Francisco AI startup that supplies training data to OpenAI, Anthropic, and Meta, is defending itself against at least seven class-action lawsuits filed in recent weeks. The suits stem from a data breach last month that exposed contractor information including recorded job interviews, facial biometric data, computer screenshots, and background checks. Plaintiffs allege Mercor violated federal privacy regulations by collecting extensive data through monitoring software like Insightful, sharing it with AI partners, and using interviews and proprietary materials to train models without adequate consent or disclosure.

Elon Musk Testifies OpenAI Stole Charity by Going For-Profit in Lawsuit[1][2]

Elon Musk testified April 28 in a California courtroom that OpenAI breached a foundational promise by converting from nonprofit to for-profit status. Now valued at $852 billion, OpenAI made the shift despite Musk's 2017 warning that the company should either remain nonprofit or operate independently. "It is not OK to steal a charity," Musk told the court, referencing email exchanges with Sam Altman in which Altman expressed support for the nonprofit model but acknowledged no legal obligation bound the company to it permanently.

Dua Lipa sues Samsung for $15M over unauthorized TV ad image use

Singer Dua Lipa sued Samsung for $15 million on May 8, 2026, in federal court in California, alleging copyright infringement, trademark infringement, right of publicity violations, and false endorsement under state law and the Lanham Act. The dispute centers on a backstage photograph taken at the 2024 Austin City Limits Festival—an image Lipa owns—that Samsung allegedly manipulated and used on television packaging and global marketing materials beginning in early 2025 without permission, payment, or her involvement. Lipa claims the placement implied her endorsement of Samsung products and drove sales.

7th Circuit Rules 2024 BIPA Damages Amendment Applies Retroactively to Pending Cases

On April 1, 2026, the U.S. Court of Appeals for the Seventh Circuit unanimously held that Illinois' August 2024 amendment to the Biometric Information Privacy Act applies retroactively to all pending cases. In Clay v. Union Pacific Railroad Co. (consolidated with Willis and Gregg), the court classified the amendment as procedural rather than substantive, allowing it to govern cases filed before its effective date. The amendment fundamentally restructures BIPA damages by capping recovery at $1,000 per violation for negligent violations and $5,000 for intentional ones—eliminating the "per-scan" theory that previously allowed plaintiffs to multiply damages across each biometric collection or transmission event.

Florida Probes ChatGPT's Role in FSU Shooting After Shooter Sought Attack Advice

Florida Attorney General James Uthmeier has opened a criminal investigation into OpenAI following the April 17, 2025 mass shooting at Florida State University. Gunman Phoenix Ikner killed two people and injured seven others outside the student union. Chat logs reveal that minutes before the attack, Ikner used ChatGPT to ask about removing a shotgun's safety, optimal weapons and ammunition for close-range crowded areas, and peak crowd times and locations on campus. ChatGPT provided detailed responses without explicitly promoting violence. Uthmeier's office has issued subpoenas demanding OpenAI's information on its training methods, safety protocols, and procedures for handling harmful user requests. Prosecutors believe that if a human had provided such guidance, they would face murder charges as an aider and abettor under Florida law.

Calif. Law Firm Sues UK AI Phone Provider for Harassment Over Non-Renewal

A California personal injury law firm has sued Connex, a Manchester-based AI service provider, in federal court, alleging that defects in Connex's AI-powered phone system prompted the firm to decline contract renewal—and that Connex responded with employee harassment and litigation threats to force the deal's continuation.

Federal Circuit Rules Patent Disclosures Bar Trade Secret Claims in Elist Penuma Case

The Federal Circuit reversed a jury verdict in International Medical Devices, Inc. v. Cornell, holding that cosmetic penile implant designs alleged as trade secrets were not protectable under California law because they had been disclosed in publicly available patents. The court found the designs "generally known" and therefore ineligible for trade secret status. A fourth alleged secret—a list of surgical instruments sent via email without confidentiality markings—also failed protection due to insufficient secrecy measures. The panel reversed findings of trade secret misappropriation, breach of contract under the parties' nondisclosure agreement, and improper inventorship claims related to two Penuma patents. The court affirmed $1 million in statutory damages for trademark counterfeiting.

Federal Court Dismisses Paramount Privacy Lawsuit Over Concrete Injury Standard

The U.S. District Court for the Central District of California dismissed all eight counts in a privacy lawsuit against Paramount Skydance Corporation on April 20, 2026, finding that plaintiffs lacked legal standing. The court ruled plaintiffs failed to demonstrate an injury aligned with harms traditionally recognized under American law. The complaint had alleged violations of the Video Privacy Protection Act, Electronic Communications Privacy Act, California Invasion of Privacy Act, common law invasion of privacy, California constitutional privacy rights, negligence, breach of implied contract, and unjust enrichment.

ACC Urges CA Appeals Court to Rule CIPA Doesn't Cover Website Cookies, Pixels

The Association of Corporate Counsel filed an amicus brief on April 8, 2026, urging the California Court of Appeal to clarify that the California Invasion of Privacy Act does not extend to routine website technologies like cookies, tracking pixels, and analytics metadata. ACC argues that plaintiffs are mischaracterizing these tools as "pen registers" or "trap and trace devices"—law enforcement surveillance mechanisms that require court orders under CIPA—when they serve ordinary business functions. The brief, authored by Fisher Phillips attorneys Usama Kahf, Darcey Groden, and David Shannon, contends that applying CIPA's warrant requirement to standard web analytics creates untenable compliance burdens for businesses nationwide.

Ninth Circuit Affirms Dismissal of Brita Filter Class Action on April 16, 2026[1][2][6]

On April 16, 2026, the Ninth Circuit affirmed dismissal of a consumer class action against Brita Products Company, holding that a reasonable consumer would not expect a $15 water filter to remove all hazardous contaminants. Plaintiff Nicholas Brown sued under California's Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act, claiming Brita's labels for its Everyday Pitcher and Standard Filter misled buyers into believing the products eliminated contaminants like arsenic, chromium-6, PFOA, PFOS, nitrates, and radium to undetectable levels. The three-judge panel, led by Judge Kim McLane Wardlaw, rejected the claims after the Los Angeles district court had already dismissed without leave to amend in September 2024.

Seven Families Sue OpenAI Over Suspect's ChatGPT Use in 2025 FSU Shooting

Seven families of victims from a 2025 Florida State University mass shooting have filed lawsuits against OpenAI, claiming the company negligently failed to alert law enforcement about the suspect's extensive ChatGPT interactions. The suits allege that Phoenix Ikner, the accused gunman now awaiting trial, maintained constant communication with the chatbot and may have received guidance on executing the attack. The families are pursuing negligence claims, arguing OpenAI breached its duty of care by failing to flag foreseeable harm despite the chatbot's design and the nature of the interactions.

JPMorgan Banker Sues Executive Over Sexual Assault Claims; Bank Denies Allegations

Chirayu Rana, a 35-year-old former JPMorgan investment banker, has filed a civil lawsuit against Lorna Hajdini, a senior executive director in the bank's Leveraged Finance Division, alleging sexual assault, drugging with Viagra, racial harassment, and workplace coercion. The case, initially filed anonymously in early 2025, became public in May 2026 when Rana identified himself and submitted detailed court filings. Rana is seeking over $20 million in damages after rejecting JPMorgan's $1 million settlement offer. He is represented by Daniel Kaiser, a prominent New York attorney known for representing accusers in the Jeffrey Epstein matter.

New Jersey lawyer faces contempt over unpaid AI sanctions in Diddy case

Tyrone Blackburn, the attorney representing Liza Gardner in a sexual assault civil suit against Sean "Diddy" Combs, faces a contempt hearing in New Jersey federal court over unpaid sanctions tied to AI-generated case citations. U.S. District Judge Noel L. Hillman ordered Blackburn to pay $6,000 in December 2025—$500 monthly—after finding that a brief he filed contained a fabricated case opinion produced by an artificial intelligence research tool. The case cited did not exist.

The Deal Beyond Dollars: Non-Monetary Terms that Matter

Miles Mediation & Arbitration has published analysis arguing that settlement negotiations in employment and higher education disputes routinely fail because parties fixate on monetary terms while overlooking non-monetary provisions that often determine whether disputes actually resolve and stay resolved.

StrongSuit CEO Warns of AI Automation Risks in High-Stakes Litigation

Justin McCallon, CEO of StrongSuit, published commentary on Law360 arguing that AI-driven automation will reshape legal work—but only if it clears a uniquely high bar. Unlike most industries, litigation tolerates near-zero error rates. McCallon positioned StrongSuit's platform, which automates legal research, drafting, and document review, as engineered specifically for this constraint rather than general-purpose AI capability.

LawSnap Briefing Updated May 10, 2026

State of play.

Where things stand.

Latest developments.

Active questions and open splits.

  • AI privilege: tool or third party? Heppner (SDNY) and Warner v. Gilbarco (Michigan) reached opposite conclusions within days of each other. Whether inputting privileged information into a consumer AI platform destroys privilege is unresolved at the appellate level—the question is ripe for circuit intervention (→ SDNY Rules AI Tools Waive Privilege in US v. Heppner).
  • AI sanctions to contempt: where does the enforcement escalation stop? The New Jersey contempt proceeding against the Combs civil counsel signals courts are no longer treating unpaid AI sanctions as a cost of doing business. Whether contempt becomes the standard response to non-compliance—and what due process protections attach—is unresolved (→ New Jersey lawyer faces contempt over unpaid AI sanctions in Diddy case).
  • Musk v. OpenAI: what legal weight do founder agreements carry? The trial tests whether informal commitments at founding can support breach of contract or fraud claims when a company converts from nonprofit to for-profit. Brockman's financial entanglements with Altman add a fiduciary duty overlay that could reshape governance expectations for dual-structure AI entities (→ Musk-Altman OpenAI trial opens with statements in Oakland court, Brockman's Diary Revealed in Musk-OpenAI Trial First Week).
  • Biglaw information barriers: what compliance standard survives the insider trading ring? The decade-long conspiracy across multiple elite firms—with unnamed co-conspirators reportedly still employed—raises the question of whether existing wall procedures are legally adequate or whether regulators will demand structural changes. Parallel civil FCA or breach-of-fiduciary-duty claims against the firms themselves remain a live possibility (→ 30 Charged in Decade-Long Biglaw Insider Trading Ring Worth Tens of Millions, Ex-Wachtell lawyer in insider trading ring later joined investment bank).
  • Export control enforcement as a securities litigation trigger. The Super Micro indictment—against a company with prior compliance failures—raises the question of what disclosure obligations attach when a company is aware of export control vulnerabilities but has not yet been charged. The intersection of DOJ criminal enforcement, SEC review, and investor class actions is becoming a standard cascade (→ DOJ export indictment triggers new probe of Super Micro’s controls).
  • DPPA standing: what injury is sufficient? The Southern District of Florida dismissed for lack of concrete injury while parallel DPPA cases in Maryland survive dismissal. Courts are distinguishing between different data commercialization models, but the circuit-level standard for what constitutes a cognizable DPPA injury remains unsettled (→ Florida court tosses DPPA parking citation lawsuit over lack of injury).
  • Prediction market preemption: federal commodity law versus state gambling statutes. The Third Circuit backed federal preemption; a Maryland federal court went the other way; Arizona has been enjoined from prosecuting Kalshi; and the CFTC is suing Wisconsin. A circuit split is forming that may require Supreme Court resolution .
  • California's "duty to innovate" in product liability. The California Supreme Court has heard oral argument in Gilead Sciences v. Superior Court on whether manufacturers face negligence liability for failing to bring a safer drug to market quickly enough. A ruling for plaintiffs would create a novel liability theory applicable across innovation-driven industries .

What to watch.

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