Startup litigation often turns on a deceptively simple question: What is the case actually about? In many founder disputes, the answer that matters most is not the one management gives itself internally, or even the one lawyers debate in conference rooms. It is the one jurors ultimately adopt after weeks of testimony. And sometimes sophisticated …
Fraud vs. Contract Claims: The Risk of Stopping Your Analysis Too Soon
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 …
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Artificial Intelligence and Lawyering: Why Machines Can’t Do Our Jobs
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 …
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