Thomas Spahn | McGuireWoods Last week’s Privilege Point described a pro se litigant’s losing evidentiary protection argument based solely on the narrow attorney-client privilege, rather than on the broader and presumably applicable work product protection. Kachele v. El-Maasri, Case No. 25-cv-3458-AGS-MMP, 2026 U.S. Dist. LEXIS 15935 (S.D. Cal. Jan. 28, 2026). Two weeks earlier, a federal court assessed opinion… Continue reading Pro Se Litigant Misses Work Product Argument, and Court Opinion Misses Work Product Argument: Part II
AI Arbitrator is Paving the Way for the Future of Dispute Resolution
Chad Caplan and Janelle Pelli | Hinckley Allen The American Arbitration Association (AAA) has launched a new tool, called the AI Arbitrator, that is expected to render binding decisions the AAA expects will be enforceable in court like any other arbitration award. Its use is currently limited to construction disputes between two parties that can… Continue reading AI Arbitrator is Paving the Way for the Future of Dispute Resolution
AI Product Liability: The Next Wave of Litigation
Amy Wong and Jin J. To | K&L Gates Artificial intelligence (AI) litigation is beginning to consolidate around a familiar body of doctrine: product liability. Early cases are testing whether consumer-facing AI applications are treated as products (not services) and whether alleged harms are framed as design defects, inadequate warnings, or foreseeable misuse. That shift… Continue reading AI Product Liability: The Next Wave of Litigation
A Kick in the Asphalt: $30 Million Settlement Highlights FCA Risk for Construction Contractors
Matthew Feinberg and Kane Smith | PilieroMazza Earlier this year, the Department of Justice (DOJ) announced it amassed a record $6.8 Billion in fraud and False Claims Act (FCA) recoveries in Fiscal Year 2025. New FCA matters also increased substantially, driven in large part by a significant rise in suits brought by whistleblowers. As part of DOJ’s… Continue reading A Kick in the Asphalt: $30 Million Settlement Highlights FCA Risk for Construction Contractors
The Fires Next Time: State Wildfire Liability Limitations for Utilities
Thomas Dawson | McDermott Will & Schulte Following the wildfires of recent years, many states west of the Mississippi River have considered (and multiple states have now adopted) legislation to limit the liability of utilities for bodily injury and property damage caused by wildfires that might have been ignited by utility-owned equipment. Most commonly, legislation… Continue reading The Fires Next Time: State Wildfire Liability Limitations for Utilities