Expert Analysis

• Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

  

  A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

• Unpacking The Take It Down Act's Compliance Ambiguities

  

  The Federal Trade Commission’s recent guidance concerning the Take It Down Act suggests that covered platforms should build removal systems immediately and prioritize compliance, but until courts or regulators provide additional clarity, companies will be navigating a statutory framework that is urgent and uncertain, says Laura-Kate Bernstein at ZwillGen.

• Checking For AI Errors Is Now A Two-Way Street

  

  A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

• A Changing Road Map For Trucking Fatigue Litigation

  

  Trucking fatigue is undergoing a quiet but substantial transition, as juries expect an affirmative duty by the motor carrier to keep the public safe and emerging technology increases carrier accountability, says John Thomas at Farah & Farah.

• Series

  The Biz Court Digest: Shoring Up Corporate Law In Maryland

  

  Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

• Product-Or-Content Question Is Pivotal In AI Litigation

  

  A growing range of civil cases against OpenAI address the question of whether the output of a generative artificial intelligence system is a product, subject to traditional tort doctrine, or third-party content — and the framing courts adopt will shape software liability well beyond AI, says David Meldofsky at Lawsuit Informer.

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  Competing At Poker Makes Me A Better Lawyer

  

  Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

• 5 Things Associates Must Ask About Their Firm's Merger Plan

  

  The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

• 2 'Rocket Dockets' And The Rules That Propel Them

  

  The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

• How Gambling Cos. Can Defend 'Addictive Design' Suits

  

  Following the recent wave of addictive design litigation against video game companies and social media platforms, it appears that the gambling industry may soon face similar claims — but operators may have stronger legal defenses available to them, say attorneys at White & Case.

• Your Next Litigation Hold Should Cover AI Chat Logs

  

  The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

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  Studying Foreign Languages Makes Me A Better Lawyer

  

  Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

• And Now A Word From The Panel: An MDL Realignment

  

  With seven multidistrict litigation proceedings initiated so far this year, a review of venue locations suggests a shift away from the East Coast, a seeming reversal of last year's swing in that direction, says Alan Rothman at Sidley.

• Opinion

  Murdaugh Reversal Masks Deeper Justice System Issues

  

  The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

• How The High Court Expanded Freight Broker Liability

  

  After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.