Emerging Litigation Podcast
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.
Algorithmic Software Facilitated Price Fixing with Jonathan Rubin
Everyone knows that price fixing is against the law, chiefly Section 1 of the federal Sherman Antitrust Act of 1890. Competitors may not collude to set prices. However, there are relatively new price-calculation tools that some companies maintain take them out of the equation. With these tools, shared across an industry, firms do not have to directly swap private information with competitors. Instead, they feed their data to a third-party which uses algorithms to come up with prices. In this episode, we discuss what algorithmic or software-facilitated pricing is, what the law says about price collusion, how this new pricing mechanism violates the law, and recent developments in litigation. Our guest highly regarded antitrust attorney Jonathan Rubin, Partner and Co-Founder of MoginRubin LLP.
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Emerging Litigation Journal
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".
JEIL S24 Top Legal Risks with Generative AI by Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright
The authors, Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright discuss recent court cases which have brought to the forefront the top legal risks associated with the use of Generative AI.
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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.
Legal Innovation: Choosing the Best AI Tools and Strategies for Success
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.
The Medical Monitoring Tort Remedy: Advanced Level
The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided in two states while the rest have not specifically addressed the issue. States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years. In this CLE webinar, Gentle Turner & Benson LLC attorneys Edgar (“Ed”) C. Gentle III and Katherine (“Kip”) A. Benson discuss the evolution of the medical monitoring tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.
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