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Fisher Phillips

Employer Playbook for Attacking AI Use in Pro Se Litigation: A Roundup of Recent Court Sanctions Against ChatGPT Plaintiffs

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Pro se litigants are increasingly using GenAI tools like ChatGPT, Claude, Perplexity, Gemini, or CoPilot to file and maintain lawsuits against their employers – and corporate counsel and defense attorneys need new tools to...more

McNees Wallace & Nurick LLC

Berks County court holds that exception to sheriff service of process is not self-executing

Velocity Investments, LLC v. Marte, No. 25-437 (C.C.P. Berks County Apr. 2, 2026) (Gavin, J.) - Under the law, the old adage that it is better to ask for forgiveness than for permission does not hold true. In a memorandum...more

WilmerHale

UK High Court Broadens Scope of Legal Advice Privilege

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A recent UK High Court (the Court) decision—Aabar Holdings v. Glencore plc [2026] EWHC 877 (Comm)—expands the applicable scope of legal advice privilege to include “intra-client” group communications between members of the...more

Cozen O'Connor

Claims Notes: May 2026

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UIM Exhaustion Does Not Require Payment of Underlying Limits - The Colorado Supreme Court addressed when an excess UIM carrier’s obligations are triggered under an exhaustion provision. The insured argued that excess...more

Lowenstein Sandler LLP

A Unanimous Supreme Court Expands Defendants’ Ability to Challenge Civil Investigative Subpoenas in Federal Court

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On April 29, the U.S. Supreme Court handed down a rare unanimous decision in First Choice Women’s Resource Centers, Inc. v. Davenport, holding that the New Jersey Attorney General’s subpoena demanding donor information from...more

Clark Hill PLC

Using “Schedule A” Litigation to Combat Online Trademark Infringement

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In today’s digital world, trademark infringement is a significant concern for businesses aiming to protect their brand identity. Accordingly, it is important for businesses to implement a multifaceted online enforcement...more

ModeOne

The Privacy Paradox: Collecting the Data You Need Without Taking What You Don’t

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Every click, swipe, and tap can generate actionable insight and face companies with a real privacy paradox: how do you gather the data necessary to serve business needs without harvesting more than you should or more than...more

Freeman Mathis & Gary

Federal pleading rules override State “Certificates of Merit”: What this means for design professionals

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The U.S. Supreme Court’s January 2026 decision in Berk v. Choy marks an important development in professional liability litigation with implications extending beyond medical malpractice. For architects, engineers, and other...more

Phelps Dunbar

Surge in Class Actions Raises Risk for Businesses Handling Consumer Data

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A newly released report found a sharp resurgence in class action filings over the last year, driven largely by consumer protection claims tied to digital commerce and data privacy. The report showed meaningful shifts in where...more

McGuireWoods LLP

Does a Verbatim Witness Interview Transcript Ever Deserve Opinion Work Product Protection?

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Unlike the attorney-client privilege, the federal rules and most states recognize two kinds of work product protection: (1) fact work product, which the adversary can obtain if it has “substantial need” for the work product...more

Davis Wright Tremaine LLP

Trade Court Deals Second Blow to President's Trade Agenda, Invalidating Section 122 Tariff

On May 7, 2026, the U.S. Court of International Trade (CIT) ruled in two companion cases that the tariff imposed by President Trump under Section 122 of the Trade Act of 1974, 19 U.S.C. § 2132, was unlawful. However, the...more

King & Spalding

Decision Analysis—First Choice Women’s Resource Centers v. Davenport: The Supreme Court Just Gave Subpoena Targets More Options

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The Supreme Court just gave recipients of government subpoenas, civil investigative demands, and other legal process a new and potentially powerful tool for responding to those investigative demands, especially if those...more

Alston & Bird

Your AI Therapist May Need a Lawyer: Pennsylvania Brings Suit Against Chatbot Developer

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Our Health Care Group investigates a lawsuit against Character.AI that raises legal risks for AI platforms presenting themselves as licensed professionals and signals tightening regulatory scrutiny....more

EDRM - Electronic Discovery Reference Model

Using AI for Legal Tasks: When Delegation Becomes a Dirty Word

As a trial lawyer, I had a problem with delegation. I realized then that I took more responsibility for early case assessment, building my case, discovery details, exhibit content, and presentation strategy than most of my...more

IMS Legal Strategies

Pitfalls to Avoid When Hiring Jury Consulting Firms

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Engaging a jury consulting firm can materially shape the trajectory and outcome of your case. The right team brings not only insight into juror decision-making, but also discipline around strategy, sequencing, and execution....more

Vedder

Second Circuit Joins Growing Majority In Circuit Split Involving FLSA Collective Action Jurisdictional Requirements

Vedder on

On May 4, 2026, the U.S. Court of Appeals for the Second Circuit joined a growing majority of federal appellate courts holding that courts must establish personal jurisdiction over the claims of each member of a collective...more

Dickinson Wright

D.C. Circuit Rejects Proposed Expansion of Associational Standing

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On May 1, 2026, the D.C. Circuit issued its decision in Public Employees for Environmental Responsibility v. Zeldin, clarifying the limits of associational standing, and rejecting a proposed expansion that would have blurred...more

Esquire Deposition Solutions, LLC

Federal Committee to Weigh Permitting Depositions in Criminal Cases

Federal criminal rules experts may soon begin studying something the federal criminal system has resisted for more than 80 years: allow parties to take pretrial depositions in criminal cases. A proposal to do just that landed...more

Charles E. Rounds, Jr. - Suffolk University...

Fiduciary malpractice in the coordinated drafting of trust instruments for married couples: When equity’s restitution for unjust...

The lawyer-agent owes an equity-based fiduciary duty of undivided loyalty to the client-principal. Incidents of that overarching duty are the sub-duties of confidentiality and full disclosure. Assume a lawyer proposes to...more

Best Best & Krieger LLP

When Summary Proceedings Are Not So Summary: Practical Options Amid California Unlawful Detainer Delays

California’s unlawful detainer process is described as a “summary” proceeding. A defendant has just 10 business days to respond to an action for eviction and the trial is supposed to be held within 20 days of a request....more

Hicks Johnson

The Next Evidentiary Shift: AI, Deepfakes, and Proof in the Courtroom

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AI‑generated outputs and digital media are moving from business tools to courtroom exhibits. As their use expands, the federal rulemaking process governing the Federal Rules of Evidence is increasingly focused on a central...more

Miles Mediation & Arbitration

[Webinar] Best Practices Series Seminar (93rd) - June 10th, 9:00 am - 5:00 pm CDT

Topics include: - Public Interest Law - The MMPA: Pleadings, Practices & Pitfalls - Bad Faith Insurance Risk: Case Law Update - Effective Use of Electronically Stored Information During Trial - Creativity and...more

Kennedys

Lease v license: the importance of a holistic approach to interpretation

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A court wrongly decided that a residential occupier of 26 years (“Ms H”) was a contractual licensee and issued a possession order against her on this basis. With bailiffs looming, the Kennedys’ real estate and construction...more

Chartwell Law

When Inattention Bars Recovery and Why Daniel v. Rick’s Barbeque Matters for Tennessee Premises Liability Law

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The Tennessee Court of Appeals’ recent decision in Margaret Daniel et al. v. Rick’s Barbeque, Inc., et al. serves as a reminder that some premises liability claims can, and should, be resolved as a matter of law. In affirming...more

Goodwin

Access to UK Company Privileged Documents by Former Directors

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In the High Court’s decision in Serendipity Centre Ltd v. Tinson, [2026] EWHC 349 (Ch), the court held that privilege could not be asserted against a former director over certain documents in circumstances in which she was...more

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