As recently highlighted by this blog, on September 12, 2024, the Justices of the Commercial Division gathered in the offices of Kelley & Drye to discuss new updates and happenings in the world of the Commercial Division (“ComDiv”). The night was filled with lively discussion – leaving those fortunate enough to attend with valuable insights
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Happenings from the NYSBA Commercial and Federal Litigation Section Spring 2024 Meeting
Over a beautiful, sunny weekend earlier this month (May 17-19), commercial litigators and judges from all over the State converged on Saratoga Springs and the beautiful Gideon Putnam Hotel, for the Commercial and Federal Litigation Section Spring 2024 Meeting. In addition to the receptions, dinners, golf and after-program discussions, all of which were excellent, the…
AI Etiquette: A User’s Manual Provided by the NYSBA
On April 2, 2024, the New York State Bar Association’s (“NYSBA”) Task Force on Artificial Intelligence released a report concerning the use of artificial intelligence (“AI”) in the legal profession (“Report”). New York joins select states, such as Florida and California, whose bar associations have published recommendations on the use of AI. The…
Out of Control! What the Elon Musk Compensation Case Reminds Us about Transactions with Controlling Stockholders
Process still matters. That’s the main takeaway from the Delaware Court of Chancery’s 200-page opinion striking down Tesla’s 2018 incentive package awarded to Elon Musk. The court rescinded the incentive package mainly because Musk was found to control Tesla and the process, the directors authorizing the package were not independent and the stockholder vote approving…
Matter of Samuel – Artificial Intelligence Hallucinates and an Incapacitated Person Makes a Will
Artificial Intelligence (“AI”) made legal and mainstream news in 2023. In a highly publicized and widely discussed case, Mata v. Avianca, Inc., the United States District Court for the Southern District of New York sanctioned attorneys for citing to non-existent, fake cases generated by Open AI’s ChatGPT. Despite Mata’s stark warning to the…
Healthcare Policy in 2024: What’s Next?
As we head into a new calendar year, in the healthcare space it is worth reflecting on the events of the last few years, as a means of predicting what is likely to come. Last year, the focus in healthcare policy was very much on what will come after COVID; this year, we finally have…