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.

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".

Fresh Produce Law, Contracts, and Risks

January 31st, 2024|Categories: Corporate Compliance, ELP, Employment|Tags: , , , , |

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!

Video Game or Casino? An International Examination of Loot Boxes and Gambling Regulations

December 26th, 2023|Categories: Emerging Litigation & Risk, HB Tort Notes, Intellectual Property, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , |

The author, Darius Gambino of Saul Ewing LLP examines the legal and regulatory challenges surrounding loot boxes in video games, highlighting the risks of litigation, government scrutiny, and the need for industry self-regulation.

ESG Programs and the Lawyer’s Role

October 6th, 2023|Categories: Corporate Compliance, ELP, Law Firm Operations|Tags: , , , , |

In this episode, we discuss the role of attorneys and in-house counsel in the courageous new world of Environment, Social, and Governance Issues, or ESG. How can law firms themselves adopt ESG practices and what role do they play with clients? How can in-house counsel drive ESG initiatives? What are the pitfalls and risks? And have you ever wondered how rating organizations work? Listen now!

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!

Spotting the Risk, Reaping Rewards: Avoiding Increased Antitrust Scrutiny

September 15th, 2023|Categories: Complex Business Litigation, Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Authors Katie has favorably represented antitrust clients in matters involving monopolization, conspiracy, price fixing, exclusive dealing, and other competition-related disputes, including trade secrets and non-compete actions. She has extensive knowledge of the regulatory hurdles and obligations her clients face. Katie earned her J.D. from the New York University School of Law, cum laude. Natalie West represents sophisticated clients in complex commercial disputes. She regularly serves as the lead brief writer in antitrust cases, employment and consumer class actions, and appellate matters. Natalie graduated with high honors from the University of Texas School of Law, where she served as a member of the Texas Law Review and was elected to the Order of the Coif. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Avoiding Antitrust Scrutiny Spotting the Risk, Reaping Rewards The increase in aggressive antitrust enforcement has certainly received significant attention. For the moment, juries are not rewarding the prosecutors. That said, even an unsuccessful government investigation is itself costly and can motivate plaintiffs’ lawyers. Best practices involve not only following the law but also maintaining solid optics to avoid the need for an expensive, if ultimately successful, defense. [...]

International Discovery Tool Kit Aims to Facilitate Discovery in Both Domestic and Foreign Litigation

September 15th, 2023|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

The Authors Benjamin Daniels advises financial institutions and global corporations about litigation and dispute resolution. As a member of the Business Litigation Group, Ben provides creative and ardent advocacy during litigation, enforcement actions, investigations, crisis management, and white-collar defense matters. Ben’s clients often face complex, cross-border disputes. He has deep experience with the interplay between domestic and international courts, including discovery disputes and Hague convention proceedings. He also represents clients in international arbitrations and mediations. Jenna Scoville is a member of the firm’s Business Litigation Group. She focuses her practice on all aspects of general business litigation and dispute resolution, as well as government enforcement matters, and appellate work. She helps companies respond to a variety of business disputes, including claims for breach of contract, unfair trade practices and fraud. Jenna also has extensive appellate experience. Prior to joining the firm, she clerked for the Honorable Peter W. Hall of the U.S. Court of Appeals for the Second Circuit. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. International Discovery Tool Kit Aims to Facilitate Discovery in Both Domestic and Foreign Litigation "At a time when litigants have increasingly relied on U.S. federal courts [...]

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.

The IRS and Rules About Rules

June 24th, 2023|Categories: Complex Business Litigation, Corporate Compliance, ELP|Tags: , , , |

The Administrative Procedures Act outlines the rules of rule making for federal agencies. Lately it has become a focal point in tax litigation, due in large part to the IRS’s record of refusing to comply with the law's notice-and-comment mandate. Listen to learn more about recent trends in tax litigation. Get an article, too.

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 fault-based liability regimes in the European Union, as it introduces a presumption of causality to prove fault and a right of access to evidence from companies and suppliers regarding high-risk AI systems. This will help victims enforce non-contractual civil law claims for damages caused by an AI system. What this is about and how it increases the liability risk exposure of actors in the AI systems supply chain will be discussed in this article. Background On September 28, 2022, the EU Commission published its  proposal for a Directive to establish new fault-based liability  rules for AI systems (AI Liability Directive), along with a reform for the existing rules on the strict liability of manufacturers for defective products. The current article focuses on [...]

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 government, with a focus on professional services organizations and the life sciences industry. He is a regular speaker and author on procurement and drug pricing matters and his work is regularly featured in nationally-distributed industry print and digital media. Mr. Kim provides clients with strategic counsel related to US government funding and US market access, including assistance with more than $5 billion in procurement and grant awards and regulatory counsel related to more than $40 billion in successful M&A transactions. Marne Marotta works with clients facing complex challenges to develop and implement dynamic government relations strategies. Drawing from her experience in the Senate and the executive branch, she provides clients with strategic guidance and counseling, devises and implements comprehensive advocacy campaigns, [...]

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