A team of lawyers from Gibson Dunn has been recognized by Litigation Daily as runners-up for Litigator of the Week for their complete victory in a defamation case involving artificial intelligence. The case, Walters v. OpenAI, marked what could be the first lawsuit against an AI developer where the plaintiff claimed defamation due to “hallucinated” generative AI output.
Mark Walters, a well-known Second Amendment-rights advocate and radio host, filed the lawsuit in Gwinnett County, Georgia. He alleged that ChatGPT had incorrectly stated he was involved in embezzlement allegations. However, Gibson Dunn’s legal team effectively argued that Walters could not prove any damages or establish “defamatory meaning.” They also demonstrated there was no fault on OpenAI’s part, neither “actual malice” nor negligence.
On May 19, 2025, Judge Tracie Cason ruled in favor of OpenAI by granting summary judgment and accepting all arguments presented by Gibson Dunn. This decision is expected to influence future cases related to generative AI outputs.
The legal team from Gibson Dunn was led by partners Ted Boutrous, who argued the summary judgment motion successfully, Orin Snyder, and Connor Sullivan. They were supported by associates Zachary C. Freund, Chase Weidner, Doran Satanove, and Cate Harding.
