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Enterprise AI Assistants: Navigating Liability When Claude and ChatGPT Join Your Workforce

Introduction: The AI Assistant Joins the Team # When your employee makes a mistake, your company often shares liability. But what happens when an AI assistant makes a mistake? As enterprises increasingly deploy conversational AI tools like Anthropic’s Claude, OpenAI’s ChatGPT Enterprise, Google’s Gemini, and Microsoft’s Copilot, they’re discovering that liability questions are more complex, and more consequential, than they anticipated.

AI Defamation and Hallucination Liability

The New Frontier of Defamation Law # Courts are now testing what attorneys describe as a “new frontier of defamation law” as AI systems increasingly generate false, damaging statements about real people. When ChatGPT falsely accused a radio host of embezzlement, when Bing confused a veteran with a convicted terrorist, when Meta AI claimed a conservative activist participated in the January 6 riot, these weren’t glitches. They represent a fundamental challenge to defamation law built on human publishers and human intent.