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Rob Freund Profile picture
@RobertFreundLaw
Dec 30, 2025 • 5 tweets • 1 min read • Read on X
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Things ChatGPT told a mentally ill man before he murdered his mother: Image
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Link: storage.courtlistener.com/recap/gov.usco…
“It will never be worse than it is today” they keep saying as it gets worse and worse

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More from @RobertFreundLaw

Rob Freund Profile picture
Jan 1
I've written about dozens of cases where lawyers are sanctioned for filings that contained AI-hallucinated cases.

But what about submitting AI-hallucinated facts as evidence?

In this case a lawyer filed a declaration rife with fabrications: Image
When "confronted with these falsehoods," the lawyer refused "to accept responsibility for creating and submitting these fabrications." Image
Court says the lawyer should have recognized that the quotations were false because he "not only attended the depositions, he took them, and he obtained copies of the transcripts." Image
Read 5 tweets
Rob Freund Profile picture
Jul 25, 2025
Lawyers who cited fake AI cases face some real sanctions this time:

-Disqualified from the case

-Ordered to provide copy of sanctions order to all
clients, opposing counsel, and judge in every pending case and every attorney in their firm

-Referred to state bar for discipline.Image
The order is chock full of good quotes from the court:

"[Making up citations] demands substantially greater accountability than the reprimands and modest fines that have become common as courts confront this form of AI misuse."
The fact that there are real cases supporting what the bogus ones said is "a stroke of pure luck" that doesn't help: Image
Read 9 tweets
Rob Freund Profile picture
Nov 12, 2024
Elon Musk was sued today in a class action brought by signers of his America PAC petition "giveaway."

They say Elon fraudulently advertised that winners would be chosen randomly, when really they were pre-selected. Image
They allege that signers provided personal information as consideration for participating in the lottery, which was not conducted as promised, and that Musk benefited from the collection of personal information for political and commercial use.
Read the complaint here: storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
Rob Freund Profile picture
Sep 22, 2024
Marketers: you should not discuss legal/regulatory issues by email without including counsel on those emails.

Here's an example of how this can go wrong:

Bayer is facing a false advertising class action about One-A-Day multivitamins, which it advertised as being "natural."

1/ Image
Plaintiffs say the products are not "natural" because they include ingredients like D-biotin, and potassium iodide.

Bayer could not dismiss the claims, and last week, the court certified the class.
In that class certification order, the court considered Bayer's internal emails produced in discovery.

In those emails, the "marketing team" and "brand manager" discussed whether using the term "natural" presented regulatory risk: Image
Read 8 tweets
Rob Freund Profile picture
Jun 23, 2024
You can have the best-drafted Terms of Service in the world, but if they just sit passively at the bottom of your site, you will not be able to enforce them.

It's as if you had no terms at all.

For ecom brands, the TOS is your first line of defense against consumer lawsuits. 1/ Image
Having badly drafted and insufficiently presented terms is the biggest and most common mistake I see online brands make.

That's primarily because, done correctly, you can completely eliminate class action exposure.
To enforce TOS, like any online contract, you need to

(1) provide adequate notice of them; and

(2) obtain affirmative consent to them.
Read 17 tweets
Rob Freund Profile picture
Dec 29, 2023
Today, Hershey's was sued in a false advertising class action.

Florida consumers say they were deceived because Reese's pumpkins don't actually have jack-o-lantern faces on them: Image
Same for the ghosts, bats, and footballs:

Image
Image
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The consumers say they would not have bought the products if they knew there were no carvings: Image
Read 4 tweets

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