Ethical Considerations for Litigators Navigating the Artificial Intelligence Landscape
With AI, the ability to drive massively greater levels of productivity is within reach, but there are risks if the technology is not used properly.
February 16, 2024 at 09:53 AM
8 minute read
Artificial IntelligenceAs is often the case with disruptive technologies, the use of generative artificial intelligence (AI) has outpaced our ability to regulate it. Predictably, this has led to some cautionary examples of ill-considered use of AI.
For instance, a Colorado attorney's use of generative AI to prepare a motion to set aside summary judgment led to an embarrassing—and potentially career-threatening—result. The attorney did not cite-check the cases cited by ChatGPT, and it turns out that many of the cases either did not exist or did not stand for the propositions cited. Ultimately, the judge denied the motion and threatened to file a complaint against the attorney for making material misrepresentations of law.
This example is not unique as stories have emerged of similar errors in AI-generated legal motions filed without appropriate attorney review. Sensing a potential tidal wave of AI-generated motions and briefs containing egregious errors, some judges have taken proactive measures to stem the tide. Brantley Starr, a federal judge in the Northern District of Texas, issued a requirement that all attorneys appearing before him must file on the docket a certificate attesting either that no portion of any filing will be drafted by generative AI or that any language drafted by generative AI will be checked for accuracy—using print reporters or traditional legal databases—by a human being.
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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.
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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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