1412, 2025

HB Artificial Intelligence Update Monday, Dec. 15, 2025 | Wrongful Death, Discrimination, Intellectual Property

December 14th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The rapid advancement of AI technology continues to challenge courts, companies, and consumers. Read about recent developments that in-house counsel and litigators should be watching.

2311, 2025

Artificial Intelligence on Your Trial Team with Adam Massaro on the Emerging Litigation Podcast

November 23rd, 2025|Categories: ELP, Emerging Litigation & Risk, Intellectual Property|Tags: , , |

Artificial intelligence is quickly becoming a powerful asset for modern trial teams. In this episode of the Emerging Litigation Podcast, litigator Adam Massaro breaks down how AI is reshaping trial preparation—from sharpening expert cross-examinations to streamlining evidence management and elevating witness preparation. He explains why structured data and precise prompts are essential to unlocking AI’s full potential, and how these tools can help attorneys evaluate case strength, refine strategy, and anticipate challenges long before entering the courtroom. A must-listen for anyone integrating AI into litigation practice.

709, 2025

Artificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany Gehrke on the Emerging Litigation Podcast

September 7th, 2025|Categories: ELP, Intellectual Property, New Featured Post for Home Page, Technology Law|Tags: , , |

What happens when artificial intelligence collides with copyright law? In this episode of the Emerging Litigation Podcast, intellectual property attorneys Ryan Phelan and Tiffany Gehrke of Marshall, Gerstein & Borun LLP unpack two landmark court decisions on fair use and AI training data. They explain why courts found AI training to be “transformative use,” how judges are treating legally obtained versus pirated data, and why algorithmic outputs could be the real battleground ahead. With deep expertise in technology and IP law, Ryan and Tiffany offer practical insights into how these rulings may shape the future of AI, copyright, and innovation.

707, 2025

Artificial Intelligence Litigation Roundup

July 7th, 2025|Categories: Complex Business Litigation, Intellectual Property, Technology Law|Tags: , , , |

The ongoing rise of artificial intelligence (AI) is reshaping legal landscapes, with a surge in antitrust and copyright lawsuits challenging the way AI integrates into business and creative industries. Key cases target AI-driven pricing platforms like RealPage and Yardi Systems, with plaintiffs alleging these tools enable collusive price fixing and drive up costs in sectors such as real estate, healthcare, hospitality, and equipment rental by aggregating and sharing sensitive commercial data. Meanwhile, copyright battles have intensified as creators, publishers, and developers sue major tech companies—including Cohere, Stability AI, OpenAI, Meta, GitHub, Microsoft, and Google—over the unlicensed use of their works to train AI models. These lawsuits argue that using copyrighted material without consent threatens creators’ rights and business models, while defendants counter with fair use and public domain defenses. The outcomes of these pivotal cases will set crucial precedents on acceptable AI practices, copyright scope, and the use of data for training language models. As AI continues to advance, these legal battles will play a defining role in shaping the future of competition, creativity, and consumer protection across industries worldwide. Read an excerpt and click to the full story on the Mogin Law LLP website.

305, 2024

AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context

May 3rd, 2024|Categories: CLE OnDemand, Corporate Compliance, Employment, Technology Law|Tags: , , , |

On this CLE webinar, Duane Morris LLP Attorneys Alex W. Karasik, Gerald L. Maatman, Jr., and George J. Schaller discuss two novel artificial intelligence lawsuits, recent governmental guidance related to AI use, the business risks associated with AI, and mitigation strategies. 

1201, 2024

Machines Inventing Machines: Artificial Intelligence and Patent Law

January 12th, 2024|Categories: ELP, Intellectual Property, Technology Law|Tags: , , , , |

In this episode, we talk to Robert A. McFarlane of Hanson Bridgett LLP about artificial intelligence in the world of invention and questions raised in a recent decision from the U.S. Court of Appeals for the Federal Circuit that expounded on the principle that only human beings - not machines - can be named as inventors under U.S. patent law. Listen and learn more!

1105, 2023

Big Tech’s Race to Develop Superior Artificial Intelligence Technology

May 11th, 2023|Categories: Corporate Compliance, Technology Law|Tags: , , , , |

Big Tech’s Race to Develop Superior Artificial Intelligence Technology Will A.I. Compromise Free Enterprise, Disclosure and Security? America’s Big Five tech companies – Amazon, Apple, Facebook, Google and Microsoft – are racing to develop technology they claim will change the world -- again. The tech Goliaths have more than 33,000 researchers at their disposal to create artificial intelligence (A.I.) technology with an obvious and perpetual prize: revenue.  It's the talk of the world. NBC Nightly News recently predicted the impacts that A.I. will have on society in the coming years. A.I. tech was also the [...]

807, 2021

How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella

July 8th, 2021|Categories: Complex Business Litigation, ELP, HB Risk Notes, HB Tort Notes, News, Technology Law|Tags: |

How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella Artificial intelligence has the capability to truly revolutionize how litigators work, and also how companies can avoid litigation in the first place.  It can not only do the work of hundreds of people in mere seconds but can be used to predict liabilities before they become liabilities, and outcomes when disputes arise.  Joining me to discuss the incredible present-day applications of AI in law and business, as well as the potential to do much more if humans will let [...]

2705, 2019

Dr. Babyl: Artificial Intelligence Could Save Lives, Time and Money — TheDailyBeast.com

May 27th, 2019|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: , , , , |

Itchy throat? Headache? Upset stomach? There's an app for that. There is a new AI healthcare system called Babylon UK’s National Health Service which features an AI-driven app that is reportedly able to separate “run-of-the-mill” illnesses from more life-threatening ones, while saving time, money, and anxiety for patients and doctors alike. Babylon offers more than diagnostic assistance; it is accessible to people in remote areas. "For example, Babyl, the Rwandan version of Babylon, offers remote appointments with clinicians, fills prescriptions, orders lab tests, and issues referrals.” Babyl enables affordable, personalized healthcare, combined with “the brains of thousands of doctors at [...]

905, 2019

Artificial Intelligence: DeepMind on Debugging Learned Predictive Models

May 9th, 2019|Categories: Complex Business Litigation, HB Risk Notes, Technology Law|Tags: , , , , |

DeepMind, an artificial intelligence research company, in a recent blog post discusses three ways to eliminate bugs in learned predictive models. The company was founded in London in 2010. Google acquired it in 2014. In addition to London they have research centers in Edmonton and Montreal, Canada, and a DeepMind Applied team in Mountain View, California. "Bugs and software have gone hand in hand since the beginning of computer programming," the post reads. "Over time, software developers have established a set of best practices for testing and debugging before deployment, but these practices are not suited for modern deep [...]

2208, 2018

Oracle Health Sciences on Pharmacovigilance and Artificial Intelligence

August 22nd, 2018|Categories: Complex Business Litigation, HB Risk Notes, HB Tort Notes, Technology Law|Tags: , , , , |

"The potential to use artificial intelligence methods increasingly for the analysis of the increasing amounts of pharmacovigilance data is well understood and many companies are moving (or planning to move) there, and we can predict that routine tasks in pharmacovigilance will in the future be increasingly automated. It will be crucial, however, for regulatory authorities to very clearly provide a position about the use of AI as well as the acceptable level of quality from AI applications. But in parallel with the shaping of those definitions, given the massive increase in their AE case workloads that most companies are [...]

908, 2018

Artificial Intelligence in the Drug and Device Industries

August 9th, 2018|Categories: Complex Business Litigation, HB Tort Notes, Technology Law|Tags: , , , , |

Are Data Divers and Miners Going to Lead Innovation? The big tech companies are into it. Apple, IBM and Google. Roche is into it. Medtronic, as well. Artificial intelligence has been a big part of innovation in the healthcare space for several years, and its impact is only going to get bigger. "Artificial intelligence-based healthcare technologies have contributed to improved drug discoveries, tumor identification, diagnosis, risk assessments, electronic health records (EHR), and mental health tools, among others," writes Blank Rome attorney Brian Higgins in his Artificial Intelligence and the Law Blog (it's excellent, by the way).  [1] Daniel Faggella [...]

3007, 2018

A.I. Best Practices: Rules and Policies for Using Artificial Intelligence in Your Business

July 30th, 2018|Categories: HB Risk Notes, Insurance, Technology Law|Tags: , , , , |

Explore how cybersecurity breaches impact insurance, risk management, and data privacy with evolving legal and compliance challenges. [one-third-first] DATE: Sept. 27, 2018 TIME: 2 p.m. EDT; 1 p.m. CDT; 12 p.m. MDT; 11 a.m. PDT PLACE: Your computer or mobile device PRICE: $197* per dial-in site *Price is good through Aug. 16. After that it's $247. GROUPS ARE GOOD: Registering qualifies you to multiple attendees at your location. CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com SPEAKER: John Frank Weaver Attorney McLane Middleton Your registration includes: •  A site license to attend this webinar (invite as many people in one location [...]

2507, 2018

McLoughlin on Artificial Intelligence in Banking

July 25th, 2018|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: , , , , |

"Capital adequacy requirements are not the only kind of regulation that AI is helping banks to meet. An even bigger area is monitoring of trading activities for misconduct and abuse. The Bank of England estimates that misconduct by traders has cost banks a global cumulative of $320 billion to date. For this very large reason, banks are aggressively deploying machine learning to monitor the behavior of their traders and detect unusual behavior." Read Michael McLoughlin's post on LinkedIn. Michael McLoughlin is Global Digital Transformation Partner & Advocate with Microsoft.

604, 2025

AI tools may be the cause of the explosion in nuclear verdicts — and also the solution

April 6th, 2025|Categories: Complex Business Litigation, HB Tort Notes, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

Guest contributor Justin Ward discusses how artificial intelligence is both fueling and fighting the rise of “nuclear verdicts.” Plaintiff attorneys are using AI to identify high-damages cases, favorable jurisdictions, and winning arguments—driving a spike in verdicts over $10 million. At the same time, defense lawyers and insurers are adopting tools like NaVeL to spot high-risk cases early and craft smarter strategies. As AI reshapes legal practice, the very technology accelerating massive awards may also be the best hope for containing them.

1809, 2024

AI Survival Guide: Best Practices to Mitigate AI Litigation Risk

September 18th, 2024|Categories: Class Actions, CLE OnDemand, Complex Business Litigation, Corporate Compliance, Emerging Litigation & Risk|Tags: , , , |

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.

1709, 2024

Legal Innovation: Choosing the Best AI Tools and Strategies for Success

September 17th, 2024|Categories: CLE OnDemand, Law Firm Operations, Technology Law|Tags: , , , , |

During this webinar, Robinson+Cole's knowledge management professionals Liz Salsedo and Jim Merrifield help you better understand artificial intelligence and generative AI.  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.  

2304, 2024

Protecting Policyholders as AI Is Developed for Insurance Claims Handling by Marshall Gilinsky and Madison Marlow

April 23rd, 2024|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, New Featured Post for Home Page, News|Tags: , , , , |

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.

1703, 2024

The Intersection of Generative AI and the Legal Profession with Niki Black

March 17th, 2024|Categories: Complex Business Litigation, ELP, Technology Law|Tags: , , , , |

In this episode, we discuss the current state and future of generative artificial intelligence and the practice of law with Nicole Black, attorney, legal tech journalist, and author. As she notes, "The legal field is one of the most likely to be impacted by generative AI because the technology can significantly replace certain workflows or assist with those workflows in impactful ways". Listen and learn more!

1701, 2024

The Promise and Peril of Quantum Computing and Its Implications for Cyber Insurance

January 17th, 2024|Categories: Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

Quantum computing, like artificial intelligence, is one of several emerging technologies that could either save the planet or end the world, depending on which expert is holding forth on the issue. This article explores the promise and peril of quantum computing and the potential coverage implications under cyber insurance policies. As Cameron notes, "while cyber insurance may provide some coverage for hazards that result from quantum computing, those policies may not respond to many of the risks".

610, 2023

Latest on Software and AI Devices from the United Kingdom’s MHRA by Jackie Mulryne and Eleri Williams

October 6th, 2023|Categories: HB Risk Notes, Intellectual Property, Technology Law|Tags: , , , , |

In this article, the authors discuss new updates from the UK’s Medicines and Healthcare products Regulatory Agency on how software and artificial intelligence medical devices will be regulated in the United Kingdom after Brexit. Read and learn more!

909, 2025

Federal Courts Issue Contrasting Rulings on AI Training and Copyrighted Books Fair Use

September 9th, 2025|Categories: HB Tort Notes, Intellectual Property, Journal, New Featured Post for Home Page, News|Tags: , , |

Federal courts in California just issued conflicting rulings on whether training AI models with copyrighted books qualifies as fair use. In Bartz v. Anthropic, the court protected training on lawfully purchased works but rejected the use of pirated copies. In contrast, Kadrey v. Meta allowed AI training on pirated books, calling it “highly transformative.” Tom Hagy explains that with more than 50 similar lawsuits pending, these decisions underscore the legal uncertainty facing tech companies, publishers, and creators—and could reshape the future of AI development and copyright law.

2504, 2025

Arson Investigations: Best Practices for Establishing Fraud and Avoiding Bad Faith

April 25th, 2025|Categories: Corporate Compliance, Insurance|Tags: , , , , |

Arson-related insurance claims are rising—and so are the risks for insurers who don’t investigate thoroughly and by the book. Guest contributor Melissa A. Segel breaks down how carriers can use modern tools, smart strategy, and legal precision to uncover fraud while steering clear of costly bad faith pitfalls. A must-read for anyone navigating the intersection of fire science and insurance law.

1004, 2025

AI tool that summarizes evidence from cracked phones wades into uncharted constitutional waters

April 10th, 2025|Categories: Corporate Compliance, HB Tort Notes, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

As law enforcement agencies adopt cutting-edge AI to process digital evidence, constitutional questions are quickly coming into focus. Guest contributor Justin Ward explores how Cellebrite’s new AI-driven tool—capable of scanning and summarizing entire phone contents—may clash with Fourth Amendment protections. While the tech promises efficiency, civil rights advocates argue it opens the door to warrantless digital dragnets, with court interpretations varying widely across jurisdictions.

2312, 2024

Last Days of Patent Eligibility Confusion with Ryan Phelan

December 23rd, 2024|Categories: ELP, Intellectual Property, Technology Law|Tags: , , , |

In this episode, we discuss the intricate landscape of patent eligibility in the United States, twin patent law decisions from the Supreme Court, and the proposed Patent Eligibility Restoration Act and how -- if passed -- it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions with seasoned patent attorney, Ryan N. Phelan of Marshall Gerstein. Listen now!

2811, 2024

Resolving Litigation with AI with Jeff Trueman & John T. Sly

November 28th, 2024|Categories: CLE OnDemand, Law Firm Operations, New Webinars, Technology Law|Tags: , , , , |

Join full-time mediator and arbitrator Jeff Trueman and practicing attorney John Sly for a CLE webinar focused on enhancing your understanding of how AI can assist with your work, specifically how it can be used to handle disputes more efficiently, facilitate improved decision-making, and leverage predictive capabilities to achieve optimal outcomes in dispute resolution.

2509, 2024

Copyrightability of AI Generated Work

September 25th, 2024|Categories: CLE OnDemand, Intellectual Property, Technology Law|Tags: , , , , , |

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!

708, 2024

President Biden’s Critical Infrastructure Cyber Memo and CrowdStrike’s Whoopsie Daisy with Elizabeth Burgin Waller

August 7th, 2024|Categories: Corporate Compliance, ELP, Technology Law|Tags: , , , , |

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.

1305, 2024

Adapting to AI: Taking A Practical Approach Governance, Introductory Level for New Attorneys and Legal Staff

May 13th, 2024|Categories: CLE OnDemand, Corporate Compliance, Technology Law|Tags: , , , , |

Robinson+Cole attorney Blair Robinson and knowledge management leader Liz Salsedo discuss how attorneys and legal staff can adapt to AI by taking a practical approach to governance, addressing its potential and attendant risks, legislative and regulatory considerations, and how to incorporate AI most responsibly into their legal practice or business.

2504, 2024

AI Litigation Risks in Employment by Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller

April 25th, 2024|Categories: Corporate Compliance, Emerging Litigation & Risk, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , |

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."

1904, 2024

Adapting to AI: Taking a Practical Approach to Governance by Blair Robinson

April 19th, 2024|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

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".

1703, 2024

Transforming Legal Workflows with AI: Sara Lord Interviews Tara Emory and Wilzette Louis

March 17th, 2024|Categories: Complex Business Litigation, ELP, Technology Law|Tags: , , , , |

In this episode, Sara Lord of Legal Metrics speaks with Tara Emory and Wilzette Louis of Redgrave Data about the game-changing potential of robotic process automation and AI, and how these are not just futuristic concepts but practical solutions to today's legal challenges. As Tara notes, "Wherever your team is spending most of its time on manual tasks, that’s where you can further automate with technology and get the most benefit". Wilzette adds, "AI-driven automation technology can take different aspects of an entire workflow and bring them into a set of processes that a software robot can perform for you. Soon, adopting such technology will be a must for firms to compete". Listen and learn more!

1901, 2024

Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications

January 19th, 2024|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

Insurance companies are implementing new measures to try to avoid paying for liabilities attached to consumer and employee biometric privacy law violations. The authors, Cort Malone and Abigail Damsky explore the issues companies and policyholders should be examining to ensure adequate protection in the present and future. As the authors note, “as more states pass biometric privacy laws, it is critical not only to follow court decisions but also to understand how insurance companies are attempting to avoid liability for such claims.”

1701, 2024

Copyright Issues in Generative AI for Software: Doe v. Github, Inc. et al.

January 17th, 2024|Categories: Emerging Litigation & Risk, HB Tort Notes, Intellectual Property, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

The ongoing case of Doe v. Github Inc. et al. addresses copyright-related issues inherent in the Copilot generative AI that allows users to enter prompts to generate software code. This case addresses many of the issues involved in the training and use of generative AI for generating software code. The author, Jeffrey Gluck examines these issues, which he anticipates will have far-reaching implications for AI-generated works in the future. As Jeffrey notes, "Github is a case that may have far-reaching implications for AI-generated works in the future".

208, 2023

The Light and Dark Sides of Auto-GPT

August 2nd, 2023|Categories: Corporate Compliance, ELP, Technology Law|Tags: , , , , |

Businesses must understand how Auto-GPT technologies use data, the potential for biased results, and how to responsibly leverage these powerful technologies. Listen to my interview with Jason I. Epstein, Partner at Nelson Mullins Riley & Scarborough, as we explore this emerging field.

2206, 2023

Does the European Union Commission’s Proposal on AI Liability Act as a Game Changer for Fault-Based Liability Regimes in the EU?

June 22nd, 2023|Categories: HB Risk Notes|Tags: , , , , |

Guest Writer Does the European Union Commission’s Proposal on AI Liability Act as a Game Changer for Fault-Based Liability Regimes in the EU? By Nils Lölfing Abstract: In this article, the author discusses increasing risks that artificial intelligence system providers, developers, and users will face from a liability directive proposed by the European Union Commission. The AI Liability Directive proposed by the European Union Commission puts additional liability risks on providers, developers and users of specifically high-risk artificial intelligence (AI)  systems. If enacted, it could become a game changer for [...]

2206, 2023

The Blueprint for an “AI Bill of Rights”

June 22nd, 2023|Categories: Corporate Compliance, Technology Law|Tags: , , , , |

Authors Peter Schildkraut is a co-leader of the firm's Technology, Media & Telecommunications industry team and provides strategic counsel on artificial intelligence, spectrum use, broadband, and other TMT regulatory matters. Mr. Schildkraut helps clients navigate the ever-changing opportunities and challenges of technology, policy, and law to achieve their business objectives at the US Federal Communications Commission (FCC) and elsewhere. He is the author of "AI Regulation: What You Need To Know To Stay Ahead of the Curve. James W. Kim is a nationally recognized expert in procurement law that regularly advises companies that do business with the US [...]

1602, 2023

Data Driven Law

February 16th, 2023|Categories: Technology Law|

Data-Driven Legal Guidance Ed Walters Talks to Tom Hagy for the Emerging Litigation Podcast   Interview SPEAKERS Tom Hagy, Host, Emerging Litigation Podcast Ed Walters, CEO & Founder, Fastcase (see complete bio at end of this document) PODCAST https://litigationconferences.com/data-driven-legal-guidance-with-ed-walters/ Tom Hagy   Hello and welcome to the Emerging Litigation Podcast. I'm your host, Tom Hagy. Today we're going to talk about the weather, but only for a minute. Mostly we're going to talk about big data. I don't know how many of you are weather nerds, you know you're out there. But you may have the Weather Channel app on your [...]

1502, 2023

Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class

February 15th, 2023|Categories: Class Actions, CLE OnDemand, Mass Torts|Tags: , , , , |

Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class Strategically Limiting Discovery, Resolving Discovery Disputes Wage and hour class and collective actions are complex and discovery intensive. Discovery requests are often burdensome, seeking information concerning a broad swath of workers. This causes the discovery process to sometimes linger for years and creates a significant expense for employers.In recent years, courts have emphasized that parties must rein in extensive and expensive discovery requests. Employment litigators are increasingly raising proportionality arguments as a basis for objecting to opposing counsel's discovery requests. Drafters are [...]

2611, 2022

Data-Driven Legal Guidance with Ed Walters

November 26th, 2022|Categories: Complex Business Litigation, ELP, Emerging Litigation & Risk, News|Tags: , , , |

Today we’re going to talk about the weather. But only for a minute. Mostly we’re going to talk about the use of big data in the practice of law. There is a reason IBM acquired the digital assets of The Weather Channel, and it's not because they are climate nerds. They bought it to put weather data to work to “operationalize [the] understanding of the impact of weather on business outcomes.” Think about the economic impact of snowstorms, hurricanes, and even less dramatic weather conditions, or the impact on the durability of manufacturing or building materials as temperatures [...]

1611, 2022

Rule 23(c)(4) Issue Certification: Reconciling the Conflict With the Predominance Requirement

November 16th, 2022|Categories: Class Actions, CLE OnDemand, Mass Torts|Tags: |

Rule 23(c)(4) Issue Certification: Reconciling the Conflict with the 23(b)(3) Predominance Requirement  Proposed class actions seeking monetary damages are often difficult to certify because common issues do not predominate over individualized issues as required by Rule 23(b)(3). Rule 23(c)(4) provides that "[w]hen appropriate, an action may be brought or maintained as a class action with respect to particular issues."Although Rule 23(c)(4) has been part of the rule since the landmark 1966 amendments, it was often overlooked until the Supreme Court's decision in Wal-Mart v. Dukes. Plaintiffs now routinely seek limited issue certification for purported common issues, such as liability, arguing [...]

2508, 2022

Announcing the Complex Litigation Ethics Conference

August 25th, 2022|Categories: Class Actions, Complex Business Litigation, HB Tort Notes, New Featured Post for Home Page, News|Tags: , , |

A leading academic and practitioner, Joshua P. Davis (davisj@usfca.edu) is a nationally recognized expert on legal ethics and class actions, as well as on artificial intelligence in the law, antitrust, civil procedure, free speech, and jurisprudence. He has published more than 30 scholarly articles and book chapters on these subjects and is currently writing a book on AI titled Unnatural Law, which will be published by Cambridge University Press. He is Research Professor of Law at the University of California Hastings College of Law, and a Shareholder of the Berger Montague PC law firm and Manager of its new San [...]

303, 2022

Robojudges: If Machines Could Make Judicial Decisions, Should They?

March 3rd, 2022|Categories: Complex Business Litigation, HB Tort Notes, Journal, News, Technology Law|Tags: , |

The Author A leading academic and practitioner, Joshua P. Davis (davisj@usfca.edu) is a nationally recognized expert on legal ethics and class actions, as well as on artificial intelligence in the law, antitrust, civil procedure, free speech, and jurisprudence. He has published more than 30 scholarly articles and book chapters on these subjects and is currently writing a book on AI titled Unnatural Law, which will be published by Cambridge University Press. He is Research Professor of Law at the University of California Hastings College of Law, and a Shareholder of the Berger Montague PC law firm and Manager [...]

1512, 2021

The Rise of Robojudges with Josh Davis

December 15th, 2021|Categories: Complex Business Litigation, ELP, HB Tort Notes, News, Technology Law|Tags: , |

The Rise of Robojudges with Joshua Davis The good news for all of us, not the least of which are the robe and wig industries,  is that we still have time. Artificial intelligence is advancing rapidly, but it's still not able to think like a learned jurist. We can say it will have flaws, but so do our human deciders. So it will be a tradeoff, right? What are the risks? What are the upsides? Will robojudges be able to absorb infinitely more information quickly? Will they hand down decisions free from the influence of bias? Wouldn't [...]

111, 2021

Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé

November 1st, 2021|Categories: ELP, Emerging Litigation & Risk, Intellectual Property, News, Technology Law|Tags: , , , |

Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé They are Crowell & Moring partner Jan-Diederik Lindemans and Judith Bussé, both part of the firm’s Technology & Intellectual Property Department in Brussels. And, working with Neotalogic, they developed an interactive app that takes you through a set of attorney-crafted questions that, depending on your answers, take you to other questions. The app applies a layer of artificial intelligence to enhance the information gathering process. Listen to what these innovators had to say about the Crowell & Moring IP Check-Up application, and take it for a test drive yourself.  [...]

1401, 2021

Facial Recognition: How It Works and How It Doesn’t

January 14th, 2021|Categories: Class Actions, HB Risk Notes, News, Technology Law|Tags: , , |

Debbie Reynolds Founder, CEO & CDPO Debbie Reynolds Consulting Website Martin T. Tully Founding Partner Actuate Law Website Facial Recognition: Benefits & Risks Editor's Note: Imagine how great technology would be if it weren't for people. Since the beginning of time man has developed remarkable solutions to common problems. But leave it to nefarious, despicable, criminal or just plain dumb people to ruin them for the rest of us. You know, like gun powder, nuclear power, and the internet. Facial recognition programs and collection of biometric data would appear to have more [...]

1707, 2020

Facial Recognition Update July 2020

July 17th, 2020|Categories: Class Actions, News, Technology Law|Tags: , , |

Facial Recognition Technology -- Emerging After Decades of Development -- Draws Lawsuits and Proposed Bans  We sometimes forget that not all of the technical wizards who transformed our world were young “geniuses” jacked up on Starbucks, their shirttails hanging out in the ping-pong section of their open concept offices. Woody Bledsoe was born 99 years ago. As a young son of a sharecropper he demonstrated exceptional mathematical capabilities. Early in his career he had a dream: A machine that could think like a human, converse like one, and even recognize faces. This was as far back as the 1950s. [...]

612, 2018

Mitigating Operational Cyber Risk: As Business Technology Changes, So Does Your Risk Profile

December 6th, 2018|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: , , , , |

By Tom Hagy The various risks of doing business in our digitally connected world continue to evolve.  So must the approach organizations take in confronting those risks, for failing to do so in the current risk landscape can be far more dangerous than in prior years. I spoke with Nick Galletto, Global Cyber Risk Leader at Deloitte, who traced the evolution of the dangers of doing business in a digitally connected world. Early on, our focus in the cyber risk management space was on how to protect websites from being defaced, he explained. Organizations had to make sure websites were functioning properly, that data was secure, and the integrity [...]

108, 2018

Francoise Gilbert on Colorado’s New Privacy Law: Are You Ready?

August 1st, 2018|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: , , , , |

Effective Sept. 1, 2018, Colorado will require all entities that process or store certain personal information of Colorado residents, regardless of whether the entity is located within or outside of Colorado, to have formal data security and data disposal programs. This is the result of the adoption of Bill 18-1128 “Concerning Strengthening Provisions for Consumer Data Privacy,”  signed into law at the end of May 2018, to amend and supplement existing law ....  Previously, the definition of “personal identifying information” under the Colorado law was limited to a resident’s first name or initial and last name in combination with the [...]

2501, 2026

Agentic AI on Trial: You Be The Judge Part 1 – Medical Diagnostics | Featuring An AI Expert, a Google Cloud Exec, and a Florida Circuit Judge

January 25th, 2026|Categories: ELP, New Featured Post for Home Page|Tags: , , , |

When autonomous AI systems make life-and-death decisions, who is responsible when something goes wrong? In Part 1 of the Agentic AI on Trial series, Galina Datskovsky, PhD, Marina Kaganovich, and Hon. Lisa Walsh examine a hypothetical agentic AI mammography triage system designed to operate with minimal human oversight. The panel explores accountability across developers, hospitals, clinicians, and data providers—and whether new standards of care are emerging for machine decision-making. A must-listen for health tech, compliance, and healthcare operations professionals navigating the legal and operational risks of autonomous AI.

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