IDEAS home Printed from https://ideas.repec.org/p/arx/papers/2511.18664.html
   My bibliography  Save this paper

Clarifying Trinko as Precedent in EHR and AI Memory Duty to Deal Cases: A New Institutional Economics Approach

Author

Listed:
  • Lawrence W. Abrams

Abstract

By clarifying the bases for the Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP, 2004 opinion, we hope to reduce two distinct errors. The false positive error is citing Trinko as precedent when it is not. This error is so prevalent it has earned the nickname of Trinko Creep. The false negative error is not citing Trinko when it should be. We argue that this error will be growing in the future as Trinko should be precedent in cases involving regulated access rights to sensitive consumer data in electronic health records and Agentic AI Long Term Memory.

Suggested Citation

  • Lawrence W. Abrams, 2025. "Clarifying Trinko as Precedent in EHR and AI Memory Duty to Deal Cases: A New Institutional Economics Approach," Papers 2511.18664, arXiv.org, revised Nov 2025.
    • Handle: RePEc:arx:papers:2511.18664
    as

    Download full text from publisher

    File URL: http://arxiv.org/pdf/2511.18664
    File Function: Latest version
    Download Restriction: no
    ---><---

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:arx:papers:2511.18664. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: arXiv administrators (email available below). General contact details of provider: http://arxiv.org/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.