Emerging Litigation Podcast
The Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom Suddath
Hey! Corporate corruption costs $5 trillion a year! In this episode two former prosecutors talk about the Foreign Corrupt Practices Act, the government’s leading weapon in its global war on corporate crime. They also talk about the new statute on the block, the Foreign Extortion Prevention Act, and the many complexities of this fascinating area of the law. Check out our interview with Reed Smith attorneys Mark Bini and Tom Suddath. They know this area of the law inside and out.
False Claims Act, Health Care Whistleblowers, and Whistling in the Wind with Justin Lugar
In this episode, we discuss How whistleblower cases come about, the benefits of rewarding whistleblowers, how things are done differently outside the U.S., what’s driving the acceleration of this area of law, and best practices when your company is served with guest Justin Lugar of WoodsRogers. Drawing on his background as both public servant and private practitioner, Justin walks through these issues and others.
President Biden’s Critical Infrastructure Cyber Memo and CrowdStrike’s Whoopsie Daisy with Elizabeth Burgin Waller
In this episode, we discuss our nation's critical infrastructure in the context of cybersecurity, addressing President Biden's recent National Security Memorandum on Critical Infrastructure Security and Resilience and its implications for sectors like energy, water, and transportation, with guest Elizabeth Burgin Waller of WoodsRogers. Beth also comments on a recent global system glitch that underscores the vulnerability of the networks behind many of our most critical services. We're talking CrowdStrike and Microsoft Windows.
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Journal on Emerging Issues in Litigation
AI Litigation Risks in Employment by Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller
The authors, Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller analyze two novel AI lawsuits and highlight recent governmental guidance related to AI use in the employment context and the implications of possible discriminatory conduct stemming from the use of AI tools. "AI is here to stay," they write. "Whether companies choose AI technology for any 'employment decision,' companies must keep themselves up to date on any issued guidance and must actively monitor AI tools to prevent any possible discriminatory outputs."
Protecting Policyholders as AI Is Developed for Insurance Claims Handling by Marshall Gilinsky and Madison Marlow
The authors, Marshall Gilinsky and Madison Marlow discuss the integration of artificial intelligence (AI) within the insurance industry and outline the potential consequences of diminished human oversight in AI-driven insurance claims handling, highlighting the need for watchdogs and regulators to demand that AI tools under development afford “explainability” and protect policyholder rights.
Adapting to AI: Taking a Practical Approach to Governance by Blair Robinson
The author, Blair Robinson of Robinson+Cole discusses the need for a practical AI governance framework that businesses must embrace to harness AI’s transformative promise responsibly, encompassing a diligent, strategic, and technically nuanced governance approach. As she notes, "taking a methodical and use-case-driven approach may allow a business to embrace the transformative power of AI in critical areas while managing “wild west”-style use by employees without governance approval".
HB Webinars on the West LegalEdcenter
Defense of Data Breach Class Actions: Key Trends, Rulings, and Settlements
Data breach class actions have emerged as one of the fastest growing areas in the complex litigation space, forcing companies to navigate evolving cybersecurity risks, negative publicity, and costly litigation as a result. Litigation was particularly notable in 2023, with a record-breaking number of filings and several high-profile cases resulting in substantial settlements. The sheer volume of individuals affected by data breaches has grown significantly, leading to larger classes and subsequently higher settlement demands. Furthermore, the nature of the data being compromised is becoming more sensitive – including financial and health information – which increases the potential damages awarded in these cases. Join experienced class action defense litigators Gerald L. Maatman, Jr. and Jennifer A. Riley for a high-level breakdown of the data breach class action landscape through analysis of key trends, rulings, and litigation strategies.
Copyrightability of AI Generated Work
Take this webinar featuring Perkins Coie LLP attorneys Lisa Ortiz and Sean West to gain a better understanding of the challenge of determining human authorship in AI-generated works, the guidance and disclosure rules established by the Copyright Office, the importance of addressing copyright ownership and usage rights in AI-related license agreements, and the implications of joint ownership of AI models and output. Learn about the categories of work in which AI is being applied in the practice of law, e.g., legal research, document drafting, deposition preparation, and discovery review. Understand the various risks associated with AI, e.g., biased and inaccurate outputs, unauthorized disclosures of private data, and intellectual property infringement. Get an overview of governmental regulation and guidance. Finally, start your journey to develop best practices in establishing AI governance teams and processes with an eye toward complying with regulations and mitigating risk. Check it out!
AI Survival Guide: Best Practices to Mitigate AI Litigation Risk
Organizations using artificial intelligence-based technologies that perform facial recognition or other facial analysis, website advertising, profiling, automated decision making, educational operations, clinical medicine, generative AI, and more, increasingly face the risk of being targeted by class action lawsuits and government enforcement actions alleging that they improperly obtained, disclosed, and misused personal data of website visitors, employees, customers, students, patients, and others, or that they infringed copyrights, fixed prices, and more. These disputes often seek millions or billions of dollars against businesses of all sizes. This webinar identifies recent trends in such varied but similar AI litigation, draws common threads, and discusses best practices that corporate counsel should consider to mitigate AI litigation risk. Our excellent speakers are Jerry Maatman and Justin Donoho of Duane Morris.
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