Class-wide relief: The sleeping bear of AI litigation is starting to wake up
1 min read
White & Case partners Anna Naydonov, Mark Davies and summer associate Jules Lee published a byline in the Intellectual Property & Technology Law Journal on the increase in class-action litigation for IP cases involving content used to train AI models. Although fair use has been at the forefront of AI litigation, the next frontier is the reach of class-wide relief.
The article explains that the development of AI large language models has "created a sudden spike in the number of IP lawsuits filed on a putative class action basis." As of June 30, 2025, around 47 copyright lawsuits have been filed against AI companies in the United States, and some of the most high-profile ones have sought class-wide relief.
The authors provide an overview of the history and the challenges with certifying copyright and trademark class-action cases, previous examples of successful IP class certification cases and the factors that have contributed to the recent rise in IP class-action cases against AI developers.
Looking ahead, the authors note that judges "appear more ready than ever to discuss and tackle holistic questions pertaining to AI development, effects on the market and how the law should evolve."
Read the full article here.
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