AI-washing – when AI hype becomes a litigation risk
Darnesha Carter Foli
Senior Associate Litigation, Arbitration, and Employment
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Overview
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Experience
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Credentials
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Insights and events
Darnesha Carter Foli is a seasoned litigator with a broad commercial litigation practice and significant experience handling complex, high-stakes disputes across multiple industries. She partners with clients to develop practical, results-oriented strategies and has successfully handled matters involving products liability, trade secret misappropriation, construction, employment, insurance, and securities law. Her approach is grounded in efficiency, sound judgment, and a clear focus on advancing her clients’ business objectives.
Darnesha has a well-established practice in healthcare, cybersecurity, and privacy matters. She regularly represents national managed care organizations in multimillion-dollar payor-provider disputes in both litigation and arbitration, guiding clients through sensitive and often high-exposure conflicts. In the cybersecurity and privacy space, she advises and defends companies in data breach investigations, responds to state and federal civil investigative demands for both emerging and institutional technology and media companies, and handles putative class actions arising from alleged privacy violations. She also advises clients on the responsible deployment and governance of emerging technologies, including generative AI tools, helping them navigate rapidly evolving regulatory frameworks while mitigating risk and supporting innovation.
Prior to starting her practice, Darnesha served as a senior law clerk to the Honorable Mary S. Scriven of the U.S. District Court for the Middle District of Florida. Darnesha was the valedictorian of her class at Stetson University College of Law, the first African American woman in the school's history to achieve that honor. Darnesha has also been recognized by local organizations for her commitment to pro bono service.
Representative experience
Represented incurance companies and health maintenance organizations in contractual disputes with in-network providers
Successfully litgated and arbitrated disputes under state laws governing reimbursement for emergency services rendered by out-of-network providers at the statutorily imposed “usual and customary rate”
Secured grant of motion to dismiss on behalf of national healthcare organization in federal Medicare discrimination case
On behalf of healthcare payor, successfully appealed a Florida district court order denying a motion to compel arbitration, sending the matter to arbitration
Secured a complete dismissal for global ride-sharing company of FCRA and related claims brought on behalf of a putative class in the Southern District of Florida
Represented residential real estate investment company in nuisance action by city-plaintiff
Secured an affirmance in Eleventh Circuit appeal for national bank client in loan deficiency matter*
Drafted successful motion to excluded medical expert in a medical device product liability case, which exclusion resulted in summary judgment in favor of medical device manufacturer client*
Secured a stipulated judgment reversing a Board of Veteran’s Appeal decision in a pro bono appeal for disabled veteran and secured attorney’s fees based on result*
Prompted a plaintiff’s voluntary dismissal of an equitable accounting claim in a construction law matter based on motion to dismiss*
Prompted plaintiffs’ immediate voluntary dismissal of case with prejudice in putative class action involving federal WARN act claims through demonstration of deficiencies of claims*
*Matter handled prior to joining Hogan Lovells.
Credentials
Education
- Juris Doctor, Stetson University College of Law, summa cum laude, 2016
- B.A. English Literature, Florida A&M University, summa cum laude, 2013
- B.A. in Psychology, Florida A&M University, summa cum laude, 2013
Bar admissions and qualifications
- Florida
Court admissions
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
- U.S. District Court, Southern District of Florida
- U.S. Court of Appeals, Eleventh Circuit
- Florida
Memberships
- Florida Bar Federal Practice Committee
- Executive Board of Journey to Esquire
- Federal Bar Association