Lawyers See Court AI Disclosure Rules as Too Broad: The Morning Minute
The news and analysis you need to start your day.
July 05, 2023 at 06:00 AM
4 minute read
Artificial Intelligence
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WHAT WE'RE WATCHING
TECHNICALLY SPEAKING - We don't know who needs to hear this, but not all AI is generative AI. Actually, lawyers and legal tech pros have one idea of who needs to hear this: judges. Amid the industry's concerns surrounding generative AI, which were further fueled by a ChatGPT-written brief with fake case citations submitted by a New York lawyer, nuance may be getting lost, Law.com's Cassandre Coyer reports. Earlier this month, Eastern District of Pennsylvania Judge Michael M. Baylson issued an order requiring attorneys that have used "artificial intelligence in the preparation of any complaint, answer, motion, brief, or other paper, filed with the Court," to disclose that AI has been used, and "certify that every citation to the law or the record in the paper has been verified as accurate." The broad language used in Baylson's order, which does not make a distinction between AI and generative AI, raised flags among legal professionals who see the order as unnecessary and unrealistic, especially as AI has been baked into a majority of the legal technology tools that attorneys use on a daily basis, whether they realize it or not.
BOMBARDED - In 2019, the FDA discontinued a reporting program that for years collected confidential data from medical device manufacturers about problems with their products. When that data later became public, lawyers uncovered a big issue with C.R. Bard Inc.'s PowerPort, a medical device, which is implanted under the skin to provide intravenous chemotherapy, nutrition and other fluids. So far, a dozen cases have been filed. But lawyers told Law.com's Amanda Bronstad there's the potential for many more lawsuits, most targeting New Jersey-based manufacturer Bard. How many more? Based on 300,000 devices implanted across the country, and Bard's market share of nearly 70%, there eventually could be as many as 10,000 lawsuits, said Adam Evans, a partner at Dickerson Oxton in Kansas City, Missouri, who has filed half the lawsuits.
ON THE RADAR - Energy Vault Inc., a renewable energy storage company, and other defendants were sued Monday in California Central District Court in connection with its sales agreement with DG Fuels. The suit, brought by 1791 Management LP, contends that Energy Vault failed to disclose material facts regarding the agreement and its payment of $1 million to DG Fuels. Counsel have not yet appeared for the defendants. The case is 2:23-cv-05292, 1791 Management, LP et al v. Energy Vault, Inc., et al. Stay up on the latest state and federal litigation, as well as the latest corporate deals, with Law.com Radar.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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