Nelson Mullins partner Jeffrey Kelly was quoted in a recent Bloomberg Law article titled “OpenAI Case Amplifies Legal Tension Between Discovery, Privacy,” which explores the growing legal friction between discovery obligations and data privacy in the context of artificial intelligence litigation.

The article discusses OpenAI’s challenge to a court order requiring it to preserve vast amounts of user-generated data from ChatGPT, citing concerns over user privacy and data security. As courts grapple with how to apply traditional discovery rules to AI-generated content, the set precedent for future litigation involving emerging technologies.

Commenting on the order, Kelly states, “Not only the OpenAI engineers, but the Anthropic team, the Gemini team for Google, every other major model provider that has learned about this order has probably asked their engineering team, if we were ordered to do this, how would we go about it?”

Kelly focuses his practice on emerging technology, particularly in areas involving data analytics, artificial intelligence, digital assets, and FinTech. He works closely with entrepreneurs and companies to effectively navigate changing technology regulations, government investigations, and complex corporate governance challenges. Kelly is also a Fellow of Duke University School of Law’s Center on Law and Technology and serves on the Governing Council of the American Bar Association’s Center for Innovation. 

The full article is available on Bloomberg Law.