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Fox, Schildkraut, and Williams Discuss EU Product Liability Directive in MLex

July 2, 2024

Co-leader of the firm’s Technology, Media & Telecommunications industry group Peter Schildkraut, Life Sciences & Healthcare Regulatory partner Adela Williams, and Life Sciences & Healthcare Regulatory counsel Tom Fox were recently quoted in the MLex article, “Comment: OpenAI, Meta, Anthropic could face civil liability in EU over their AI models.” The article discusses the potential civil liability facing AI companies such as OpenAI, Meta Platforms, and Anthropic following the European Union (EU)’s passage of the updated Product Liability Directive, a law that (among other reforms) extends the EU’s product liability regime to cover software, including AI.

Discussing the potential liability facing AI companies, Fox, Schildkraut, and Williams told MLex that “developers may wish to negotiate indemnities in their agreements where possible. Nevertheless, there is likely to be residual product liability risk for which they may want to consider purchasing insurance coverage.”

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