Tips for Drafting Protective Orders for AI & Discovery

Given the ubiquity of AI tools in today’s legal practice and their associated risks, litigants should discuss potential guardrails on the use of AI tools on discovery materials as early as possible. Two recent federal district court decisions can guide practitioners as they negotiate and draft protective order language.

Chancery Enters the Chat Following CEO’s Bot Debacle

Recently in Delaware, a CEO asked ChatGPT about a risky business strategy. Chancery’s scrutiny of the chats signaled a warning about corporate AI misuse.

DOJ Struggles in Court to Preempt State Laws Via EOs

The Trump administration has tried repeatedly to turn executive policy positions into courtroom preemption arguments, seeking to invalidate state and local laws or regulations. But courts have largely rejected DOJ preemption claims based on executive order-driven interpretations of federal statutes too far removed from the statutory text.

Social Media Isn’t Just Big Tobacco in Another Wrapper

In the second in a series of point/counterpoint-style articles stemming from the groundbreaking social media addiction verdict against Meta and Alphabet, Bloomberg Law legal analyst Travis Youlle argues that connections being drawn between social media and Big Tobacco are undone by key differences between the core products.

Efforts to Rein in Upcoding in MA Plans Gain Steam

Congress and the executive branch have recently ramped up efforts to tamp down on upcoding in Medicare Advantage plans. In March, a group of senators renewed a push to pass the No UPCODE Act, which came on the heels of a CMS proposed rule that would target the practice.

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ANALYSIS: Tips for Drafting Protective Orders for AI & Discovery

Given the ubiquity of AI tools in today’s legal practice and their associated risks, litigants should discuss potential guardrails on the use of AI tools on discovery materials as early as possible. Two recent federal district court decisions can guide practitioners as they negotiate and draft protective order language.

ANALYSIS: Efforts to Rein in Upcoding in MA Plans Gain Steam

Congress and the executive branch have recently ramped up efforts to tamp down on upcoding in Medicare Advantage plans. In March, a group of senators renewed a push to pass the No UPCODE Act, which came on the heels of a CMS proposed rule that would target the practice.

ANALYSIS: DOJ Struggles in Court to Preempt State Laws Via EOs

The Trump administration has tried repeatedly to turn executive policy positions into courtroom preemption arguments, seeking to invalidate state and local laws or regulations. But courts have largely rejected DOJ preemption claims based on executive order-driven interpretations of federal statutes too far removed from the statutory text.

ANALYSIS: Social Media Isn’t Just Big Tobacco in Another Wrapper

In the second in a series of point/counterpoint-style articles stemming from the groundbreaking social media addiction verdict against Meta and Alphabet, Bloomberg Law legal analyst Travis Youlle argues that connections being drawn between social media and Big Tobacco are undone by key differences between the core products.

ANALYSIS: Chiles Alters Trajectory for Professional Speech Cases

The Supreme Court recently placed limitations on professional speech defenses in a case challenging Colorado’s conversion therapy ban. Although the decision will impact outcomes in objections to other conversion therapy laws, there is a chance it will have a broader impact on laws regulating medical practice that implicate speech.

ANALYSIS: Platforms Are Like Cigarettes: Next Stop, Liability

In the second in a series of point/counterpoint-style articles stemming from the groundbreaking social media addiction verdict against Meta and Alphabet, Bloomberg Law legal analyst Gary Almeter argues that despite their surface differences, social media and nicotine’s legal similarities are sufficient to support comparisons between tech and tobacco.

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