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Lawyers at several major law firms are pushing back on the first proposed rule by a federal appeals court to regulate the use of artificial intelligence by attorneys appearing before it, calling it “unnecessary” and confusing, our colleague Nate Raymond reports.
Lawyers said in letters made public on Monday that while they understand the 5th Circuit’s concerns about AI, rules already on the books are good enough to address any issues with the technology. The proposed rule issued by the New Orleans-based court in November is aimed at regulating lawyers’ use of generative AI tools like OpenAI’s ChatGPT and would govern attorneys and litigants appearing before the court without counsel.
David Coale, a lawyer at Lynn Pinker Hurst & Schwegmann who publishes a blog about the appeals court, in a letter acknowledged the “alarming tendency” of generative AI to “hallucinate” and “make stuff up,” including case citations that could appear in court briefs. “But precisely because citation to ‘fake law’ is such a serious matter, court rules and state ethical standards already prohibit it,” Coale wrote.
While the majority of the 16 letters to the 5th Circuit opposed the proposal or called it unnecessary, not everyone was against it.
Read more about the letters, including from lawyers at Carlton Fields and Norton Rose Fulbright.
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- Davis Polk prevailed at trial in Manhattan federal court over claims by a former lawyer at the firm who alleged it had fired him in 2018 for complaining about alleged racial discrimination. The jury found Davis Polk not liable, marking a defeat for Kaloma Cardwell, a Black former associate at the New York-founded law firm who filed the lawsuit in 2019.
- U.S. Circuit Judge Jane Branstetter Stranch is planning to step down from active service on the 6th Circuit, giving President Joe Biden a new vacancy he can fill on the Cincinnati-based court. Stranch was an appointee of former President Barack Obama.
- George Mason University told a federal judge in a new filing that it did not mishandle an investigation into sexual misconduct claims against former law professor Joshua Wright, who has sued the school for discrimination. Wright, a former FTC commissioner, resigned from the law school faculty in August.
- Jackson Walker partner David Moran was named special master in the lawsuit that Texas and other states lodged against Google over its digital ad practices. The judge in the case, Sean Jordan, was formerly a partner at Jackson Walker and had worked with Moran on cases there. Google and Texas will split Jordan’s bills on matters where he is called in to help resolve disputes over evidence.
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That is the average profits per equity partner that Milbank reported for 2023, representing an 18.6% increase from 2022. The New York-founded firm, which kicked off last year’s wave of salary increases among large U.S. law firms, said its gross revenue grew by 17.8% to $1.51 billion. The firm highlighted the performance of its London office.
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“It was not the right thing to do.“
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—Wayne LaPierre, former longtime chief of the National Rifle Association, in court remarks about sending a plane to pick up a family member stuck at the airport. LaPierre was on the witness stand in New York at a corruption trial, where the state accused the gun advocacy group of diverting millions of dollars to fund luxuries of top officials, including travel expenses for LaPierre. In court, LaPierre said he authorized NRA payments for helicopters to transport him and other board members to NASCAR races to avoid getting stuck in traffic. He also testified that the NRA deserved a “pat on the back” for making some reforms.
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- In the U.S. Supreme Court, the DOJ is due to respond to a request from Students for Fair Admissions to block the U.S. Military Academy at West Point from considering race as a factor in admissions decisions, while a dispute over the practice proceeds in a lower court. A federal appeals court declined to impede the school’s policy. The justices last year struck down race-conscious admission policies at Harvard and University of North Carolina. But the ruling did not address race in admissions at military academies, which Chief Justice John Roberts in a footnote said had “potentially distinct interests.”
- U.S. District Judge Rita Lin in San Francisco is slated to hold a hearing to weigh DoNotPay’s motion to compel arbitration of a case brought against it by a California man, represented by Edelson, who alleges the “robot lawyer” company is practicing law without a license. The judge will also consider the plaintiff’s bid to conduct jurisdictional discovery. DoNotPay is represented by Wilson Sonsini.
- The Texas Supreme Court will hear arguments over whether to uphold a lower judge’s temporary order blocking the state from enforcing medical care restrictions against transgender youth. The plaintiffs in the case include doctors, interest groups and parents of children who want medical treatment that the law prohibits. A judge found the plaintiffs were likely to win on the merits of their constitutional claims.
- The U.S. Senate is expected to vote to elevate Indiana-based U.S. Magistrate Judge Joshua Kolar to a seat on the Chicago-based 7th Circuit. Kolar has served as a magistrate since 2019. His confirmation would mark President Joe Biden’s fourth appointment to the federal appeals court.
- Aimee Harris, who has admitted to stealing and selling the diary belonging to President Joe Biden’s daughter Ashley to conservative activist group Project Veritas, is scheduled to be sentenced in Manhattan federal court.
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Court calendars are subject to last-minute docket changes.
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- The estates of the British bassist and drummer in Jimi Hendrix’s band can sue Sony Music Entertainment seeking a share of the rights to three classic 1960s albums, London’s High Court ruled. Noel Redding and Mitch Mitchell joined The Jimi Hendrix Experience in 1966 and played on the group’s three studio albums released in 1967 and 1968.
- A U.S. bankruptcy judge allowed Brazilian airline Gol to borrow the first $350 million of its proposed bankruptcy financing, which a company attorney from Milbank said was “desperately” needed to maintain normal operations. U.S. Bankruptcy Judge Martin Glenn approved the initial funding at a court hearing in Manhattan, despite voicing some concerns about the high cost of the overall $950 million loan.
- Cisco said it had settled its counterfeiting claims against reseller Dexon, which has agreed to drop an antitrust suit that had gone to trial against the network equipment giant last week in Texas. Cisco said Dexon will pay an unspecified fee to Cisco and also make changes to its business model.
- A former IRS contractor was sentenced to five years in prison for leaking the tax records of Donald Trump and thousands of other wealthy Americans to media organizations, with a judge calling his actions a threat to democracy.
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- Kirkland brought on antitrust partners Norman Armstrong Jr and Daniel Zach in the firm’s D.C. office. Armstrong previously was co-head of King & Spalding’s antitrust group. Zach arrives from Cravath. (Reuters)
- Greenberg Traurig added real estate partners Mizuho Yamada and Ayako Kawano in the firm’s Tokyo office. They arrive from White & Case, where Yamada led the Japan real estate practice.
- Debevoise hired D.C.-based partner Rick Sofield as co-head of the firm’s national security practice. Sofield was previously at Vinson & Elkins. (Debevoise)
- Gibson Dunn hired Katlin McKelvie as a D.C.-based partner in the FDA and healthcare group. McKelvie previously was deputy general counsel for the U.S. Health and Human Services Department. (Gibson Dunn)
- Bracewell added disputes partner Mark Hunting in London from BP, where he was managing counsel for competition and regulatory compliance. (Bracewell)
- Holland & Hart added immigration partners Chris Thomas, Ann Lee and Samantha Wolfe in Denver. They previously were at Ogletree Deakins. (Holland & Hart)
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