Practical perspectives for contemporary legal challenges.
In complex commercial disputes, fraud claims can be both powerful and perilous. They offer the potential for enhanced remedies and strategic leverage, but they also introduce heightened legal and evidentiary challenges that do not arise in traditional contract-based claims. As a result, the decision to pursue a fraud theory requires more than an initial assessment …
Continue reading “Fraud vs. Contract Claims: The Risk of Stopping Your Analysis Too Soon”
Privilege and Work Product in the Age of AI Depending on which court you ask, your latest prompt to an artificial intelligence (“AI”) chatbot is either a protected private thought or a voluntary disclosure to someone other than your lawyer. In a legal landscape struggling to keep pace with technology, two ‘first-of-their-kind’ rulings—United States v. …
Continue reading “Dear Counsel, Meet Exhibit A: Your Client’s ChatGPT History”
Just about every week, someone asks one of us how our work is being affected by artificial intelligence (“AI”), and especially about the large language models (“LLMs”), such as ChatGPT, that have become prevalent in everyday life. As commercial litigators, AI has limited application to the work that we do. Certainly, it can be helpful …
Continue reading “Artificial Intelligence and Lawyering: Why Machines Can’t Do Our Jobs”