Desantis Ally Representing Openai As Florida Takes On Tech Giant

TALLAHASSEE, Florida — OpenAI tapped an ally of Gov. Ron DeSantis — his former general counsel — to represent the tech firm as it squares off against Florida in a high-stakes lawsuit alleging the company misled the public about risks associated with its artificial intelligence chatbot.

Jacksonville-based Joseph Jacquot is among several attorneys from the Gunster firm representing OpenAI and CEO Sam Altman in the case, and he comes replete with connections in Florida politics and state courts. Jacquot notably worked closely with DeSantis and former state Attorney General Pam Bondi, and even alongside the current officeholder — and his opposing counsel in the case — James Uthmeier.

Jacquot’s involvement in the lawsuit is a striking move as DeSantis and Uthmeier are now fighting tooth and nail against OpenAI and the expansion of artificial intelligence technology. The company’s selection of a high-powered attorney who is also well-connected within the state judiciary could be an indication of how seriously OpenAI views the threat posed by Florida’s case and other potential state-level lawsuits.

Jacquot also appears to have played a role in the appointment of the judge overseeing the case against OpenAI, Circuit Court Judge and DeSantis appointee Heather Beato, during his time as the governor’s general counsel.

Jacquot oversaw DeSantis’ judicial appointment process in that role, including seating five justices on the state high court and more than 100 to lower courts, according to his law firm. He additionally served a previous stint as counsel to the Senate Judiciary Committee in Washington, where he helped manage the confirmations of Chief Justice John Roberts and Justice Samuel Alito.

In addition to Jacquot, OpenAI is also represented by former GOP Florida Sen. George LeMieux, who is chair of Gunster's board of directors, according to court documents.

OpenAI officials declined to comment Tuesday about the company’s new representation in Florida.

Florida’s landmark lawsuit argues OpenAI’s ChatGPT bot poses risks to children and is responsible for a “litany of harms,” including addiction and aiding and abetting mass shootings and suicide.

Uthmeier alleged in his complaint that OpenAI is committing unfair business practices for “failing to warn of ChatGPT’s dangers” and “designing, offering, and maintaining a dangerous product that provides content unsuitable for children without requiring adequate age verification.” Florida’s attorney general is asking the court to order OpenAI to make reforms, including obtaining parental consent for data collection from some of its youngest users, on top of demanding money damages on behalf of state residents.

OpenAI has not yet responded in court to Florida’s lawsuit, but the company maintains it has installed “industry leading protections and policies” to safeguard children.

The company’s first significant action in response to the lawsuit was to request an extension to answer the complaint, which was filed June 1. Judge Beato on Monday granted OpenAi’s request, giving the company until Aug. 24 to reply.

Jacquot’s unique experience with the DeSantis administration goes beyond the courts, as he led the governor’s legal team amid the Covid-19 pandemic by drafting and implementing executive orders including his plan for reopening Florida. To this day, Florida’s response to the pandemic is a pride point DeSantis frequently touts.

In addition to Jacquot’s roles with the administration, DeSantis also appointed him to serve as a trustee at New College of Florida, the school the governor is remaking into a conservative-leaning liberal arts institution.

He was the state’s chief deputy attorney general from 2007-10 under Bondi, who later ended up serving as President Donald Trump’s attorney general atop the Department of Justice.