Emerging Litigation Podcast
Navigating International Discovery
In this episode, we discuss navigating the complexities of international discovery with Ben Daniels of Robinson+Cole and the benefits of understanding jurisdictional differences and having specialized tools and strategies to cut through the complexities. As Ben notes, "if you litigate in a foreign court, discovery, as it is known in the U.S., is not going to happen. But parties often forget a powerful tool to get around those restrictions". Listen and learn more!
Fresh Produce Law, Contracts, and Risks
In this episode, we discuss Fresh Produce Transportation Law with Katy Esquivel of Esquivel Law Chartered and the challenges of transporting fresh fruits and vegetables from farms to stores in a safe and timely manner. What legal and reputational risks do growers, brokers, and shippers face? What laws come into play? What are the essential components of contracts among participants in the supply chain? As Katy notes, "there is nobody in this country with a more tangible vested interest in the safety of produce than growers and everyone along the supply chain". Listen and learn more!
Machines Inventing Machines: Artificial Intelligence and Patent Law
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!
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Emerging Litigation Journal
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".
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The Antitrust Case Against Google
The Antitrust Case Against Google Perspectives from highly regarded competition law attorneys, litigators, and economists. This overview and Q&A has been developed for advertisers, mobile device makers, app developers, corporate counsel, business writers, and search market participants. The U.S. Department of Justice and 11 states have filed a sweeping antitrust suit against Google alleging the tech giant abuses its position as "monopoly gatekeeper for the internet" to block competitors. The complaint says Google has used anticompetitive tactics to maintain and extend its monopolies in the markets for general search services, search advertising, and general search text advertising. The federal and state governments charge Google uses "exclusionary agreements, including tying arrangements" to "lock up distribution channels and block rivals." Google's considerable wealth helps make this happen. Google pays billions of dollars a year to distributors to secure their position as the default search engine, and prohibits these companies from dealing with Google competitors. Google's exclusionary strategy is being applied more harshly in newer technologies, such as voice assistants, and in its goal of dominating other platforms in the IoT category, such as smart speakers, home appliances, and autonomous cars. Without a court order, the government plaintiffs say, "Google will continue executing its anticompetitive strategy, crippling the competitive process, reducing consumer choice, and stifling competition." What does all of this mean to actual or potential rivals, ad buyers, consumer, developers, and device makers in three markets Search Service, Search Advertising, and Search Text Advertising? What type of defense might Google mount? What might the ultimate resolution look like? Join our panel, led by competition law thought leaders, as they address the potential impact of the litigation and answer your questions via live chat. • Setting the stage: What constitutes an illegal monopoly? • Lessons from United States v. Microsoft? • How does the government define the three markets? • What is in the [...]
Organizational Values & Business Risks: Properly Balancing Stakeholder Concerns
Accommodations. Appropriate accommodation for high-risk employees or employees with family members who are at a heightened risk. Mitigation. Attention to means of mitigating transmission and infection. Tracing. Contact tracing and management of data collected, including health data, as well as responses to employees who refuse to report. Patient Sensitivity. Duty to avoid discrimination and stigmatization. Preparedness. Developing plans to address possibility of re-occurrence in the fall and managing possible outbreaks in company’s offices. On-demand on the Thomson Reuters West LegalEdcenter as part of the HB catalog. Organizational Values & Coronavirus Business Risks: Properly Balancing Stakeholder Concerns Produced for Emory University Center for Ethics by HB Litigation Conferences The current pandemic confronts businesses, nonprofit organizations, governments, and the legal profession with innumerable ethical challenges. Management issues and liability concerns, stakeholder demands and legal duties become even more complex in an environment of uncertainty and one where the consequences could result in serious illness or even death. This program seeks to engage the participants in thinking through these challenges and developing processes of ethical response to them. Managers must acknowledge and address the framework of fear associated with the pandemic, ranging from fear of contagion and death to fears of unemployment, childcare, and the duties of home-schooling. Additionally, as the economy reopens there must be serious attention to the processes of doing so. Join Professor Edward L. Queen from Emory University for invaluable insights. Emory's medical team was on the frontline of the 2014-2016 Ebola epidemic, which began in December 2013 when an 18-month-old Guinean boy contracted the disease. According to the CDC, the outbreak ended with more than 28,600 cases and 11,325 deaths. Eleven people were treated for Ebola in the United States. Edward L. Queen Director of Ethics and Servant Leadership Emory University Professor Edward L. Queen Edward L. Queen is director of [...]
Contract Drafting Fundamentals
Register Now Contract Drafting Fundamentals: What I Wish They Taught Me in Law School Speaker: Will Marshall | Partner UBM Law LLP Date: Thursday | July 23, 2020 Time: 2pm ET 1pm CT 12pm MT 11am PT Duration: 75 minutes Price: Early Bird Registration: $75 After July 14: $95 Special: Complimentary with discount code! What you get: CLE credit Course materials Webinar recording Answers to your questions! Contact CLE Manager Get practical insights on contract drafting. For new and seasoned attorneys alike, this 75-minute program will cover core, practical aspects of contract drafting, including a broad range of fundamental concepts, skills, and tips. The program is designed to make you a more deliberate drafter and improve your ability to assess the purpose and effectiveness of each provision in your contract. We will discuss not only what is on the page, but external dynamics that affect drafting and negotiation. Finally, we will reserve time to answer your questions. I am offering this program for free to my network to help you develop these foundational skills. If you haven't received it, please contact me directly for the complimentary pass code. -- Will Marshall, Partner, UBM Law Group LLP Key topics: The goals and challenges of good drafting. The anatomy and building blocks of a contract. Categories of contract language. Typical sources of ambiguity. Tips on everything from file naming conventions to how to draft a nested signature block and what a tipping basket is. Your questions via live chat or by email before or and after the event. Send Will a Question Meet our panelist. Will Marshall | Partner UBM Law Group, LLC Will is a co-founder of UBM Law Group. He has substantial experience in drafting and negotiating a wide range of commercial contracts, including [...]
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