Jacob Zahniser | Miller Nash Recent decisions on discovery of generative AI usage, particularly prompts, searches, and outputs, reflects a judicial instinct to apply familiar doctrinal framework to new technology, rather than create AI-specific discovery rules. Two decisions issued one week apart, Warner v. Gilbarco, Inc. (E.D. Mich. Feb. 10, 2026) and United States v. Heppner (S.D.N.Y. Feb.… Continue reading Discovery of Generative AI in Construction Disputes
The Adjuster’s Year Ahead: What AI Will and Won’t Change About the Job
Rami Hashish | Claims Journal Somewhere in the country this week, a plaintiff’s attorney is reading a claim file with a highlighter, looking for the sentence that will cost a carrier six figures. Call him Billboard Bob. You’ve seen him before: Big smile, bigger ads and a habit of turning small details into very expensive… Continue reading The Adjuster’s Year Ahead: What AI Will and Won’t Change About the Job
Appellate Division Clarifies Scope of Indemnification Clauses in Construction Injury Litigation
Nicholas Rinaldi | Marshall Dennehey This case involves a fall at a construction site in which a jury found the defendant, a general contractor, partially liable for the plaintiff’s injuries, awarding him and his wife damages. The defendant appealed the lower court’s determination that it was not entitled to contractual indemnification from the co-defendants, a… Continue reading Appellate Division Clarifies Scope of Indemnification Clauses in Construction Injury Litigation
Effective Strategies for Preparing Clients for Mediation
Chad J. Tamaroff | GreenspoonMarder Mediation succeeds when clients arrive informed, organized, and emotionally ready to engage in principled negotiation. As counsel, your role is to demystify the process, align expectations with likely outcomes, and equip clients with the facts they need to make sound decisions. The following strategies provide a practical, attorney-led roadmap for… Continue reading Effective Strategies for Preparing Clients for Mediation
Arbitration: Could AI Decide Your Next Dispute?
Jay Bhimani, Douglas E. Fleming III and Jacqueline Harrington | Dechert Key Takeaways The AAA’s AI Arbitrator is poised to expand beyond construction disputes. Interested practitioners should learn its workflow, assess which disputes might suit AI-assisted resolution, and consider using a simulator to test its capabilities. Artificial intelligence has officially entered the arbitration process. Last fall,… Continue reading Arbitration: Could AI Decide Your Next Dispute?