Defending the Algorithm®: A Lawyer's Bayesian Analysis of AI Litigation and Law
Defending the Algorithm is a podcast, blog, and newsletter series from lawyers at Houston Harbaugh P.C. in Pittsburgh, Pennsylvania. It examines artificial intelligence litigation and the evolving legal issues surrounding AI through a Bayesian analysis framework. The show is hosted by attorney Henry M. Sneath and explores how courts, lawyers, and regulators are responding to AI-related disputes and legal questions.
Episodes
When the Chatbot Reopens a Closed File: Nippon Life v. OpenAI and the End of “Final”
In Nippon Life Insurance Company of America v. OpenAI Foundation and OpenAI Group PBC, No. 1:26-cv-02448 (N.D. Ill.), a life and disability carrier is suing the maker of ChatGPT because — Nippon alleges — the chatbot talked a claimant into blowing up a settlement she had already signed, then drafted the flood of filings she used to do it. It may be the first major civil case to accuse a consumer A
Filling the AI Liability Gap: Should Asimov’s Three Laws Be Codified to Permit a Tort Cause of Action for Foreseeable Harm?
When Isaac Asimov, a biochemistry professor turned science-fiction author, began publishing stories about “robots” in the 1940s, he was—though he did not call it that—writing about artificial intelligence. His creations were not lumbering automatons of steel and wire but synthetic minds capable of reasoning, learning, and moral judgment. In the I, Robot stories and subsequent novels, Asimov’s robo
A 2025 AI and Trade Secret Law Retrospective: What This Year’s Cases Teach Us About Protecting AI Systems
Blog and Podcast #7 in the Series: Defending the Algorithm™: A Bayesian Analysis of AI Litigation and Law. As 2025 draws to a close, the trade secret landscape has shifted in ways that matter profoundly for companies developing and deploying artificial intelligence. Throughout this Defending the Algorithm™ series, we have argued that trade secret protection operates not as a binary guarantee but a
The Lokken v. United Health Care Discovery Battle and What It Means for Insurers Using AI
Podcast #6 in the Series: Defending the Algorithm™: A Bayesian Analysis of AI Litigation and Law
Contact & Disclaimer. Houston Harbaugh’s IP, AI, and litigation team continues to monitor developments in algorithmic decision-making, AI liability, and insurance AI claims exposure. For questions regarding AI risk in claims handling and litigation, contact Henry M. Sneath, Esq. at 412-288-4013, o
When the Algorithm Speaks for Itself: Raine v. OpenAI and the Future of Section 230 Immunity
In August 2025, a pair of California parents filed suit in California state court against OpenAI (Raine v. OpenAI, Inc.) after the death of their teenage son, alleging that the company’s generative-language model played a direct role in his suicide.[1] According to the Raine v. OpenAI Complaint, the boy had used ChatGPT thousands of times over the course of a year, shifting from homework assistanc
The Daily AI Routine: A Practicum for Using AI Tools in Context - in Business and IP Litigation
In this Defending the Algorithm™ blog and audioseries, we've examined the important Bartz v. Anthropic copyright settlement, explored the expanding legal battleground over AI training data beyond copyright claims, and calculated trade secret litigation probabilities. Throughout these analyses, I've disclosed that I use AI tools extensively in my legal practice—from researching and writing pleading
Trade Secrets and AI Collide in OpenEvidence v. Pathway Medical Inc.
This Post was Guest Authored, edited and narrated by Acacia Perko, a business, IP and Trade Secret attorney with Houston Harbaugh in Pittsburgh. Artificial intelligence is reshaping industries—from drug discovery to finance to e-commerce—but it is also reshaping the legal strategies businesses use to protect their innovations. Traditionally, intellectual property (IP) protection has revolved aroun
Copyright and Beyond – The Expanding Legal Battleground Over AI Training Data and AI Enterprise Software
Our previous analysis of the historic $1.5 billion Anthropic settlement in Bartz v. Anthropic revealed how Judge Alsup's groundbreaking ruling established a potential bright line legal framework distinguishing between permissible AI training on legally obtained copyrighted works, and impermissible use of pirated materials. While this decision provides initial crucial guidance to legal practitioner
Defending the Algorithm™ #1: Historic $1.5 Billion Settlement: What the Bartz v. Anthropic Copyright Case Means for AI and Creative Industries
The artificial intelligence landscape shifted dramatically this month when Anthropic, the company behind the popular Claude chatbot, agreed to pay $1.5 billion to settle a class-action copyright lawsuit brought by authors and publishers. This landmark settlement, which is awaiting court approval from Judge William Alsup in the Northern District of California at 24-cv-05417-WHA, represents the larg
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