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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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