Litigation

Litigation

4 entries in Tech Counsel Tracker

Tesla Owners Sue Over Unfulfilled FSD Promises on HW3 Hardware

Tesla faces coordinated class-action litigation across multiple jurisdictions from owners of Hardware 3-equipped vehicles manufactured between 2016 and 2024. The plaintiffs allege that Tesla and Elon Musk made false representations that these vehicles would achieve full self-driving capability through software updates alone. A spring 2026 software release exposed Hardware 3's technical limitations, effectively excluding millions of owners from advanced autonomous features now reserved for newer Hardware 4 systems. The lead case, brought by retired attorney Tom LoSavio, centers on buyers who paid $8,000 to $12,000 for full self-driving capability that is now incompatible with their vehicles without costly hardware retrofits Tesla has not formally offered. Similar suits have been filed in Australia, the Netherlands, across Europe, and in California, where one action involves approximately 3,000 plaintiffs. Globally, the disputes affect roughly 4 million vehicles.

SDNY Rules AI Tools Waive Privilege in US v. Heppner

A federal judge in Manhattan has ruled that a financial services executive waived attorney-client privilege and work product protection by using Anthropic's Claude AI tool without his lawyers' involvement. In United States v. Heppner, Judge Jed S. Rakoff ordered disclosure of 31 strategy documents the defendant generated after inputting case details derived from attorney communications. The court found that Claude, as a non-attorney third party, lacks fiduciary duties, and that Anthropic's privacy policy—which permits data use for training and third-party sharing—destroyed any reasonable expectation of confidentiality. This marks the first federal decision of its kind, rejecting the defendant's argument that later sharing the materials with counsel could retroactively restore privilege protection.

Florida AG Launches Criminal Probe into OpenAI over ChatGPT's Role in FSU Shooting[1][3][5]

Florida Attorney General James Uthmeier announced a criminal investigation into OpenAI on April 21, 2026, following a mass shooting at Florida State University on April 17, 2025. Suspect Phoenix Ikner killed two people and injured six others using a shotgun. Prosecutors reviewed ChatGPT logs showing Ikner asked the AI about shotgun shell lethality, optimal shooting times and locations at FSU's student union to maximize casualties, media coverage of school shootings, and prison sentences for shooters. ChatGPT provided factual responses on weapons, ammunition, and timing. Uthmeier stated that if a human had provided such guidance, they would face murder charges. Florida has subpoenaed OpenAI for records on its threat-handling policies, employee training materials, law enforcement cooperation protocols, and crime reporting procedures.

Surge in "Junk Fee" Class Actions Targets Hidden Pricing Practices

The Federal Trade Commission's Rule on Unfair or Deceptive Fees took effect on May 12, 2025, requiring companies to disclose total prices upfront for live-event tickets and short-term lodging, including all mandatory fees. The rule has accelerated an already-steep rise in junk fee litigation across ticketing, hospitality, banking, and rental industries. Class actions and mass arbitrations alleging "drip pricing"—the practice of hiding or misrepresenting fees until late in transactions—have spiked since 2022, with potential exposures exceeding $10 million per case. California's SB 478, effective July 1, 2024, compounds liability by imposing penalties up to $2,500 per violation. Plaintiffs' firms are pursuing coordinated mass arbitrations against ticket sellers, banks, landlords, and online retailers, often bypassing class-action waivers through arbitration clauses.

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