Expert Analysis

• Opinion

  Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

  

  A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

• Aviation Watch: Product Safety Lessons From The UPS Crash

  

  The National Transportation Safety Board's recent hearing concerning the crash of a UPS jet late last year highlighted the importance of maintaining records documenting analysis of design defects, adequately warning users of defects and related safety issues, and requiring use of improved designs, says Alan Hoffman, a retired attorney and aviation expert.

• The Paradoxical Duty To Adopt AI When You Can't Bill For It

  

  Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

• Reel Justice: 'Tuner' And Modern Juror Sympathy

  

  In “Tuner,” the main character’s criminal behavior is framed as an extension of his vulnerability, talent and loyalty, demonstrating how narratives of sympathy shape perceptions of culpability, and why jurors may reinterpret wrongdoing through story and emotion rather than evidence and doctrine, says Veronica Finkelstein at WilmU Law.

• How Hantavirus May Expand Cruise Ship Liability Concerns

  

  In an incident like the recent hantavirus outbreak aboard a cruise ship, application of maritime negligence principles may expand beyond environmental exposure considerations to encompass how operators identify, respond to and manage emerging infectious disease risks in real time, says Eric Shane at Leesfield & Partners.

• Reducing Youth Product Risks When No Standards Apply

  

  As juvenile product manufacturers and retailers face heightened U.S. Consumer Product Safety Commission enforcement actions and attendant litigation risks, companies must not only comply with applicable standards, but also confront the problem of how to protect themselves when there are no standards to comply with, say attorneys at Chamberlain Hrdlicka.

• New State AI Laws Create Dual Misrepresentation Risk

  

  As artificial intelligence transparency laws are enacted across the country and the volume and specificity of compliance records increase, companies will be required to speak more often, more precisely and to more audiences about the same systems, compounding the risk of litigation, say attorneys at Cooley.

• Series

  Cow Horse Makes Me A Better Lawyer

  

  Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

• 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.

• Series

  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.