AI in the Hot Seat: Plaintiffs Bar, Data, AI Training Models, and Liability (2025 Edition)

David Munkittrick | Proskauer Rose

David Munkittrick is a litigator and trial attorney. His practice focuses on complex and large-scale antitrust, copyright and entertainment matters in all forms of dispute resolution and litigation, from complaint through appeal. David advises music, publishing, medical device, sports, and technology clients in navigating complex copyright issues and compliance. He has represented some of the most recognized names in entertainment, including Sony Music Entertainment, Lady Gaga, U2, Madonna, Daft Punk, RCA Records, BMG Music Publishing, Live Nation, the National Academy of Recording Arts and Sciences, Universal Music Group and Warner/Chappell.

Kelly Landers Hawthorne| Proskauer Rose

Kelly Landers Hawthorne is an associate in the Litigation Department and a member of the Antitrust and Mass Torts & Product Liability Groups. She represents clients in litigations and due diligence across a range of industries, including consumer products, life sciences, healthcare, education, hospitality, sports and entertainment. Kelly also maintains a diverse pro bono practice. She received Proskauer’s Golden Gavel Award for excellence in pro bono work in 2019. She is a frequent contributor to Proskauer’s Minding Your Business blog, where she authors articles related to price gouging issues. Kelly is also a member of the Proskauer Women’s Alliance Steering Committee, where she serves on subcommittees focused on highlighting and providing professional development opportunities for women at the firm. Prior to her legal career, Kelly was a Teach For America corps member and taught middle school in Washington, DC. While at Columbia Law School, Kelly served as an article’s editor of the Columbia Journal of Law & the Arts and interned for the Honorable Sandra Townes of the U.S. District Court for the Eastern District of New York.

Colin Kass| Proskauer Rose

With 20+ years’ experience, Colin Kass has handled many of the nation’s most complex and innovative antitrust cases to date. His practice involves a wide range of industries, including financial services, healthcare, sports, media, pharmaceuticals/life sciences, technology and automotive markets, and spans the full-range of antitrust and unfair competition-related litigation, including class actions, competitor suits, dealer/distributor termination suits, price discrimination cases, criminal price-fixing probes, and merger injunctions. Colin also has extensive experience interfacing with the Federal Trade Commission and Department of Justice, obtaining clearance for competitively-sensitive transactions and handling anticompetitive practices investigations.

He also counsels clients on their sales, distribution, and marketing practices, strategic ventures, and general antitrust compliance. Colin is an author and frequent commentator on antitrust-related issues in a spectrum of industries including technology, and has been noted in Law360, Global Competitive Review, HR Dive, TechTarget, Financier Worldwide and Bloomberg Law. He has been recognized by Chambers USA, named a ‘Litigation Star’ by Benchmark Litigation and named a 2022 Lawdragon 500 ‘Leading Litigator in Amerixa.

I. Emerging issues that have gained the focus of the plaintiffs’ bar and government enforcers | 2:00pm – 2:20pm

II. Can web data be used to train AI models? | 2:20pm –2:40pm

III. How are companies trying to prevent their data from finding its way into an AI training set? | 2:40pm – 3:00pm

Break | 3:00pm – 3:10pm

IV. If AI breaks the law, who’s liable? | 3:10pm – 3:35pm

V. Guidelines for lawyers’ use of AI | 3:35pm – 4:10pm