December 13, 2024 | The Legal Intelligencer
Dealing With an Undocumented Witness in the Second Trump EraHow do you—as a litigator—handle the questioning of an undocumented witness at a deposition, hearing or trial? Initially, if you are in the position of defending or producing the witness, one of the skills that is not taught in law school has to come into play—empathy.
By Will Sylianteng
6 minute read
September 19, 2024 | The Legal Intelligencer
Public Relations and Litigation: Disney's 'Clickwrap' Agreements and the Public BacklashWhile I am sure that the Disney attorneys meant well, and maybe were executing a strategy ordered by Disney, to assert the clickwrap terms in all suits, regardless of the type or potential for media coverage, it is a strategy that clearly backfired.
By Will Sylianteng
7 minute read
May 30, 2024 | The Legal Intelligencer
Pro Se Adversary: Best Practices for Dealing With the AI-Armed NonlawyerAs more and more nonattorneys begin to turn to artificial intelligence for legal advice and legal document drafting, more and more attorneys will have to face pro se litigants armed with artificial intelligence.
By Will Sylianteng
6 minute read
December 14, 2023 | The Legal Intelligencer
Heartbreak and Betrayal: Lawyer Discovers AI Was Responding to Prompts 'Without Regard for the Truth'Mata is less known for the case facts (a fairly unremarkable personal injury case sprinkled with a little international law on top—the plaintiff alleged his knee was hurt by a metal serving cart on a flight from El Salvador to New York City), and more known as the case involving the attorneys (whose names I will not re-state here as they have already been through enough) who were caught using ChatGPT to write their legal brief.
By Will Sylianteng
9 minute read
September 07, 2023 | The Legal Intelligencer
What Your Opponent's Watch Says About Their Litigation Style (and Personality)As the lull of the summer comes to an end and we start to transition, as a collective profession, into the post-pandemic trial calendar rush that will dominate our fall/winter 2023-24 schedules, I thought it would be fun to look at the watches our opponents wear and what their watches say about them and their litigation styles.
By Will Sylianteng
10 minute read
May 25, 2023 | The Legal Intelligencer
Authentication and Proof in the Face of the 'Deepfake Denial'The more troubling issue for us practitioners lies not with the denials made by the rich and famous, but rather, the "deepfake denials" we are likely to see with increasing frequency in our more mundane cases, now that the AI technology used to create these "deepfakes" become more readily available to the public.
By Will Sylianteng
6 minute read
December 01, 2022 | The Legal Intelligencer
Putting the Genie Back in the Bottle? The Movement to Curb Tech in CourtroomsWhile there have been a number of reasons given for the pushback against codifying, and thus solidifying, the continued use of ACT post-pandemic, most of them lack substance.
By Will Sylianteng
6 minute read
September 08, 2022 | The Legal Intelligencer
Is Professionalism and Civility in the Legal Profession Dead?U.S. Supreme Court Chief Justice Warren Burger, during an address to the American Law Institute in 1971, said, "… good manners, disciplined behavior and civility—by whatever name—are the lubricants that prevent lawsuits from turning into combat." Fifty-plus years later, has that lubrication run dry?
By Will Sylianteng
8 minute read
May 19, 2022 | The Legal Intelligencer
Are Federal Courts Trying to Kill Off Diversity Jurisdiction by Using LLCs?Recently, several district courts around the country have, upon the filing of a new complaint (or removal action), been issuing sua sponte orders requiring diversity plaintiffs (or removal defendants) to amend their complaints to specifically identify the citizenship of each member of any limited liability company named in their pleading.
By Will Sylianteng
9 minute read
November 24, 2021 | The Legal Intelligencer
Crowdfunding Campaigns: Are Your Clients Raising Money for Their Injuries?While there is not much litigation yet involving crowdfunded campaigns and their effect on litigation pertaining to the underlying circumstance that led to the campaign, you can expect that—like with all new technology—the law will evolve (albeit slowly) to address these burgeoning issues.
By Will Sylianteng
6 minute read
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