Generative AI Use In Litigation – Caveat Emptor

The use of Generative AI technologies in litigation raises a host of questions and concerns. A recent case illustrates why both attorneys and their clients must exercise caution when utilizing Generative AI platform in litigation. That is, the output from Generative AI can be not only unreliable but made up.

Recognizing this, at least one court issued a standing order governing the use of Generative AI to draft legal briefs – https://www.txnd.uscourts.gov/judge/judge-brantley-starr. As Judge Brantley Starr […]

By | June 13th, 2023 ||

New Standard For Notice In FLSA Collective Actions: Clark V. A&L Homecare And Training Center

The Sixth Circuit has announced new standards for collective action lawsuits under the FLSA in Clark v. A&L Homecare and Training Center. There are already many good summaries of this decision around the legal internet, so this recap will be short. The question is how to determine whether other potential plaintiffs are “similarly situated” so that the district court should issue a formal notice to those potential plaintiffs about the claims. Though this notice does […]

By | June 12th, 2023 ||

Navigating The New Texas Business Court

The Texas Legislature has created a new court handling complex commercial disputes in the Lone Star State.

The Texas business court has jurisdiction in two main categories of cases. First, the new court has jurisdiction in certain actions where the amount in controversy is over $5 million or a publicly traded company is involved. These actions include: derivative proceedings, actions regarding a business’s governance and internal affairs, actions asserting a securities or trade regulation claim against a […]

By | June 10th, 2023 ||