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Is Theft of Trade Secrets a Crime in Arkansas?

Is theft of trade secrets a crime in Arkansas? Yes. Under Arkansas Code Annotated Section 5-36-107, the Arkansas Penal Code establishes that theft of trade secrets is a Class A misdemeanor. The statute establishes that a...more

What Laws Protect Trade Secrets in Arkansas?

Businesses are built through hard work and significant investment. One of the most significant investments, and thus greatest assets to a business, is the investment of time and resources in its people. Protecting that...more

Taming the AI Beast: UPDATE Court Rules Amended to Control Use of Generative AI in Filings

The legal profession has increasingly witnessed the rise of artificial intelligence (AI) technologies, particularly generative AI, which has shown immense potential in various areas of legal practice. From legal research to...more

Examining the Dual Impact of Generative AI on Civil Discovery

In recent years, discovery in civil cases has been significantly impacted by advancements in technology, particularly with the rise of artificial intelligence and automation. As more firms adopt these technologies to improve...more

Taming the AI Beast: Local Rules Amended to Control Use of Generative AI in Court Filings

The legal profession has increasingly witnessed the rise of artificial intelligence (AI) technologies, particularly generative AI, which has shown immense potential in various areas of legal practice. From legal research to...more

AI and Accountability: A Look at the President's New Executive Order

After observing that “Artificial intelligence offers enormous promise and great risk,” the Biden administration recently announced an Executive Order (the “Order”) setting the table for future government action in this...more

Hot Topics in Products Liability Law: Split in Authority Regarding the Indirect Purchaser Rule as a Bar to a Products Liability...

There is an emerging trend in products liability law whereby a plaintiff styles a case as a RICO claim, but at its core the gravamen of the dispute is an extension of a products liability action. In a recent installment of...more

Hot Topics in Products Liability Law: hijacking the RICO statute to bring a products liability claim

There is an emerging trend in products liability law where a plaintiff styles a case as a RICO claim, but at its core the gravamen of the dispute is an extension of a products liability action. To some extent, this is an...more

When Competition Crosses the Line, Level the Playing Field with Unfair Competition Litigation

By now almost everyone has read about or experienced the “great resignation” and its unprecedented levels of employee turnover. With that increased worker mobility, there has been a surge in unfair competition litigation,...more

Taming the AI Beast: Judges Set Rules to Control Use of Generative AI in Their Courts

The legal profession has increasingly witnessed the rise of artificial intelligence (AI) technologies, particularly generative AI, which has shown immense potential in various areas of legal practice. From legal research to...more

From Creativity to Liability: Exploring the Legal Dangers of Using Generative AI Websites, Applications, and Chrome Extensions

Reflective of the reality that the buzz around ChatGPT was just one first step in the AI revolution, there are now hundreds of applications and extensions that leverage generative AI to perform a whole host of tasks. But many...more

New Theories of Product Liability Develop in the Age of Artificial Intelligence and Increased Automation

In recent years, products liability law has been significantly impacted by advancements in technology, particularly with the rise of artificial intelligence (AI) and automation. As more companies adopt these technologies to...more

ChatGPT in the Workplace - A Legal Minefield! What You Need to Know to Protect Your Business

As artificial intelligence (“AI”) technology continues to advance, more and more people are logging on and experimenting with the technology. ChatGPT, one free and popular AI, is reportedly the fastest-growing consumer...more

ChatGPT: A Lawyer's Friend or Ethical Time Bomb? A Look at Professional Responsibility in the Age of AI

The emergence of ChatGPT comes with tremendous promise of increased automation and efficiency. But at what cost? In this blog post, we’ll explore the potential ethical time bomb of using ChatGPT and examine the responsibility...more

Hot Topics in Products Liability Law: Problems that Arise When Using Data in Products Liability Cases

In a past blog post, we predicted that data is arguably the products liability issue of the future. And we also explored some ways in which data can be used as a sword and a shield in products liability cases....more

Hot Topics in Products Liability Law: Practical Problems Currently Limit the Use of Data in Products Liability Cases, but That...

In a past blog post, we predicted that data is arguably the products liability issue of the future, and we also explored some ways in which data can be used as a sword and a shield in products liability cases. However,...more

Hot Topics in Products Liability Law: Data Can be Used in Products Liability Cases as a Sword and as a Shield

In a past blog post, we predicted that data is arguably the products liability issue of the future. Dealing with data is already often a critical part of products liability lawsuits, but with the rise of artificial...more

Hot Topics in Products Liability Law: Collection and Use of Data is THE Products Liability Issue of the Future

Data is arguably the products liability issue of the future. Dealing with data is often already a critical part of products liability lawsuits, but with the rise of artificial intelligence and automation, product...more

Hot Topics in Products Liability Litigation: The Depreciation-Based Injury Theory Used to Support Standing in a Products Case

The depreciation-based injury theory is a method that has been increasingly tested by the plaintiffs’ bar to support the assertion of standing necessary to bring a product liability case. Under this theory, a plaintiff who...more

Products Liability Series: Does Arkansas Recognize the Learned Intermediary Doctrine?

Does Arkansas recognize the learned intermediary doctrine? Yes. In Arkansas, the learned intermediary doctrine is an affirmative defense to a strict liability product claim. Although Arkansas law has only recognized the...more

Products Liability Series: Does a Plaintiff Have a Duty to Mitigate Damages Under Arkansas Law?

Does a plaintiff have a duty to mitigate damages under Arkansas law? Yes. An injured person must use ordinary care to seek out treatment and follow the advice of physicians...more

2/8/2023  /  Damages , Mitigation

Products Liability Series: Is There a Defense Where a Plaintiff Altered a Product?

Is there a defense where a plaintiff altered a product? Yes. In an Arkansas products liability claim, the plaintiff must prove that the product was supplied by the defendant in a defective condition. AMI 1008. “If a product...more

Products Liability Series: Is There a Defense Where a Plaintiff Misused a Product?

Is there a defense where a plaintiff misused a product? Yes. Under Arkansas law, a defendant may assert that the plaintiff misused the product as part of its affirmative defense of comparative fault. AMI 1014. When invoking...more

Products Liability Series: What Is Arkansas' Law on Comment K to Section 402A of the Restatement (Second) Of Torts?

What is Arkansas’ law on Comment K to Section 402A of the Restatement (Second) of Torts? Arkansas follows comment k to Section 402A of the Restatement (Second) of Torts with regard to unavoidably unsafe products. This is an...more

Products Liability Series: What Is the Interplay Between Arkansas Workers' Compensation and Products Liability Actions?

What is the interplay between Arkansas Workers’ Compensation and Products Liability Actions? Under Arkansas law, an employee’s exclusive remedy for claims for work-related injuries against an employer is through the Arkansas...more

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