We’ve become aware that some clients are using artificial intelligence (AI) to summarize or analyze things like complaints, briefs, internal documents, or even – horror of horrors! – law firm bills. If the client performing these tasks is an in-house lawyer, such work might be protected by the attorney client privilege or work product doctrine
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A Modest Proposal Concerning AI Hallucinations
By Bexis
We added a new site to our blogroll recently – “AI Hallucination Cases,” which describes itself as:
This database tracks legal decisions in cases where generative AI produced hallucinated content – typically fake citations, but also other types of AI-generated arguments. . . . While seeking to be exhaustive (972 cases identified so far), it is…
Guest Post: What the New Reference Manual for Scientific Evidence Teaches Us About AI in the Courtroom
Today’s guest post is from Nick Dellefave, an up and coming Holland & Knight litigator. The Blog has rolled out a few posts on the latest edition of the Reference Manual on Scientific Evidence. Nick adds to this opus with a dive into the intersection between scientific evidence, the role of trial judges,…
No Physical Injury, No Damages, Still No Medical Monitoring Class
Sometimes we feel as though we have gone back in time. The Super Bowl is in San Francisco this week, as it was 10 years ago, although this time around, the atrium lobby of our building has been converted into an ESPN studio. We are the temporary home of the Rich Eisen Show, with the…
Guest Post – The AI LEAD Act: A Step Toward Regulating AI Product Liability in the United States
By Bexis
Today’s guest post is by Reed Smith‘s Jamie Lanphear. Like Bexis, she follows tech issues as they apply to product liability litigation. In this post she discusses a pro-plaintiff piece of legislation recently introduced in Congress that would overturn the current majority rule that electronic data is not considered a “product” for purposes…
Another Shameless Plug – Calling All Life Sciences In-House Counsel: Wrap Up Your 2025 CLE Requirements with Us
By Bexis
If you’re an in-house counsel working in the pharmaceutical, biotech, medical device, or digital health space (and still looking to complete CLE hours before year-end) we invite you to join Reed Smith’s annual Virtual Life Sciences CLE Week, taking place November 3–7, 2025.
This week-long event will feature a series of live webinars on the…
Shameless Plug – Reed Smith’s Virtual Life Sciences CLE Week
By Bexis
To all in-house counsel working in the pharmaceutical, medical device, biotech, and digital health industries: if you’re looking to complete a few final CLE hours before the end of 2025, we invite you to attend Reed Smith’s annual Virtual Life Sciences CLE Week, taking place from November 3 through November 7, 2025.
This week-long event…
What about Plaintiff Lawyer Advertising?
By Bexis
As we’ve discussed earlier several times, there is a lot of lawyer advertising on television and in other media, and it can have adverse effects. A lot of it also is of questionable accuracy, giving “the false impression that they reflect medical or governmental advice,” using phrases such as “consumer medical alert,” “health alert,”…
Arbitrary and Capricious Action as a Management Style
By Bexis
When a federal agency reverses course, the Supreme Court has a test to determine whether that agency action is impermissibly “arbitrary and capricious.” FCC v. Fox Television Stations, Inc., 556 U.S. 502 (2009), set the current APA standard for review of federal agency flipflops. While no “heightened standard” exists under the APA for reversals of…
Guest Post – Heads Up: A New Era of Digital Product Liability in the EU
By Lisa Baird
Today’s guest post comes from our Reed Smith colleague Jamie Lanphear on a topic near and dear to the Blog’s heart: The new EU Product Liability Directive. As always, our guest posters deserve 100% of the credit, and any blame, for their posts. But, also as usual, our guest posters deliver the goods, so we…