Expert Analysis

• Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

  

  While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

• The Ethics And Practicalities Of Representing AI Agents

  

  With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

• Notable Q1 Updates In Insurance Class Actions

  

  Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

• How New E-Evidence Rules Will Affect EU-US Data Transfers

  

  The forthcoming European Union e-evidence regulation signals the need to preserve digital evidence that is stored outside the issuing jurisdiction, bringing the EU significantly closer to the model employed by the U.S. and reflecting a shift in the legal landscape for cross-border data transfers, say lawyers at MoFo.

• Arguments Show Justices Vacillating On Geofence Warrants

  

  Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

• Series

  Speed Jigsaw Puzzling Makes Me A Better Lawyer

  

  My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

• High Court's Cox Ruling Leaves ISP Copyright Rules Intact

  

  Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

• Opinion

  Congress Should Ax Privacy Bill For Not Shielding Consumers

  

  The SECURE Data Act should be rejected because, despite Congress' claims, it would not meaningfully rein in data practices, but instead would weaken enforcement, eliminate stronger protections and prioritize data extraction over consumer protection and accountability, say attorneys at DiCello Levitt.

• 2 AI Snafus Show Why Attys Can't Outsource Judgment

  

  The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

• Series

  Playing Magic: The Gathering Makes Me A Better Lawyer

  

  The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

• How Banks And Fintechs Can Build COPPA-Ready Youth Apps

  

  Recent Children's Online Privacy Protection Act and state law activity expanding children's data protections underscore compliance considerations for bank-fintech partnerships offering digital financial tech products for youth, including age-gating, data minimization and parental control, says Erin Illman at Bradley Arant.

• Improving Well-Being In Law, 10 Years After Landmark Study

  

  An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

• Structuring Bank-Fintech Ties To Avert Risk

  

  Bank-fintech relationships that can hold up to recent increased scrutiny must take into account a broad swath of structuring considerations including due diligence, compliance, documentation, and planning for a potential wind-down and termination, say attorneys at Nelson Mullins.

• DOJ's Superseding Policy Muddies Trade Crime Disclosures

  

  The U.S. Department of Justice’s first agencywide voluntary self-disclosure policy is intended to standardize approaches across DOJ components, but the shift may prove difficult in trade controls cases under the National Security Division, which has long viewed sanctions and export control offenses as uniquely serious, say attorneys at Covington.

• Opinion

  New Legislation May Be Necessary To Fix Flawed Cox Ruling

  

  The U.S. Supreme Court's opinion in Cox v. Sony erroneously limited the doctrine of contributory copyright infringement and effectively eliminated such liability for internet service providers, and the most viable option to remedy the damage is to codify the pre-Cox common law of contributory copyright infringement, says Michael Cicero at Mavacy.