Could juror skepticism about AI affect outcomes and damages in trade secrets litigation? Fenwick’s Jessica Kaempf helped Law360 analyze a forthcoming Stanford Journal of Law, Economics & Business article investigating that very question.
"Trade secret cases inherently involve judgments on what is proper and improper, and what is reasonable and not reasonable. As the paper points out, when people have a bias against new technologies, that could factor too heavily into those judgments," Kaempf told Law360.
But “[t]hat flexibility cuts both ways," she noted.
"I think whether that so-called 'anti-AI bias' exists in any given jury pool will depend on a number of factors, like the jury's level of technological sophistication or familiarity with AI, or perhaps regional attitudes toward AI or technology generally," she said, adding that "people's views towards AI will likely evolve, and any anti-AI bias may diminish as AI becomes more normalized."
Read the full article at Law360.