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Nov 27, 2024 | 
jdsupra.com | Rebecca Fike |Paul Hill |Stephen Medlock
After a three-year crackdown on the use of “ephemeral” electronic messaging platforms by the United States Securities and Exchange Commission (“SEC”) under Chair Gary Gensler, early indications are that the incoming Trump administration may abandon the Gensler-era practice of repeated industry-wide probes into employee use of off-channel communications. Conducting business in the modern age involves an enormous volume of communication conducted over a wide array of platforms.
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May 7, 2024 | 
jdsupra.com | Michael McCambridge |Stephen Medlock |Alex Rant
[co-author: Jennifer Williams]Privilege logging is one of the most time-consuming, expensive, and contentious components of discovery. Federal Rule of Civil Procedure 26(b)(5)(A), which governs the withholding of privileged material, provides little concrete guidance to alleviate these burdens. But the broad language of the rule also offers litigants significant flexibility to incorporate new technology, most notably automation and artificial intelligence, into their privilege logging practices.
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May 6, 2024 | 
jdsupra.com | Stephen Medlock |Sarah Smati
[co-author: Jennifer Williams]For years, email has been the dominant form of business communication. The average office worker sends approximately 9,000 to 15,000 emails per year.1 Multiply 15,000 emails across multiple personnel and multiple years, and that leads to an enormous amount of email flowing into review for a lawsuit or investigation. And, as we all know, many of those emails are replies and forwards containing repetitive information that appear multiple times in our inboxes.
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May 6, 2024 | 
jdsupra.com | Stephen Medlock |Alexander R. Sprenger |Lincoln Wesley
[co-author: Jennifer Williams]Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are able to successfully ward off government enforcement actions may still find themselves mired in civil litigation that comes with even more significant discovery and exposure to financial liability.
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Mar 27, 2024 | 
jdsupra.com | Stephen Medlock |MacKenzie Newman |Mackenzie Newman |Alex Rant
On March 5, 2024, the White House announced the establishment of a new “Strike Force on Unfair and Illegal Pricing” (the “Strike Force”) stating that the Biden administration will hold accountable “corporations . . . when they try to rip off Americans . . .
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Dec 15, 2023 | 
jdsupra.com | Dylan Ballard |Michael McCambridge |Stephen Medlock
[co-author: Jennifer Williams]Recent headlines have been dominated by rapid developments in generative artificial intelligence, and a number of startups are positioning themselves to offer new tools to the legal industry making use of this groundbreaking technology. While these developments may change legal practice going forward, machine learning and other powerful algorithms already play a huge role in modern lawyering.
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Dec 15, 2023 | 
jdsupra.com | Dylan Ballard |Michael McCambridge |Stephen Medlock
[co-author: Jennifer Williams] The legal world recently learned an important lesson about the blind adoption of generative AI when two New York attorneys were sanctioned for using ChatGPT to write a brief that included entirely fabricated cases.1 The firm admitted they “made a good faith mistake in failing to believe that a piece of technology could be making up cases out of whole cloth.”2 Reactions in legal circles have run the gamut, from a more measured recognition that AI tools, while...
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Sep 1, 2023 | 
jdsupra.com | Stephen Medlock |Alex Rant |Rami Rashmawi
In cases under Section 1 of the Sherman Act, the legality of an agreement that contains a “restraint” on competition (restriction of parties’ or third parties’ ability to compete) hinges on whether the agreement is assessed under the per se rule, which means automatic illegality, or the Rule of Reason, which requires a court to weigh the alleged anticompetitive effects of the agreement against its procompetitive benefits and business justifications.
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Jul 17, 2023 | 
jdsupra.com | Stephen Medlock |Evan Miller |Rami Rashmawi
On June 29, 2023, the Federal Trade Commission’s (“FTC”) Bureau of Competition and Office of Technology published a joint blog post that provided deeper insight into the FTC’s focus on competition in generative artificial intelligence (“AI”). Titled “Generative AI Raises Competition Concerns,” the post outlines the FTC’s views regarding the “essential technical building blocks” of generative AI and potential competition concerns raised by the technology.
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Jul 17, 2023 | 
jdsupra.com | Stephen Medlock |Evan Miller |Rami Rashmawi
July 17, 2023
Stephen Medlock, Evan Miller, Rami Abdallah Rashmawi, Darren Tucker, Hill Wellford, Greg Wells
Vinson & Elkins LLP
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This checklist outlines antitrust considerations for the use of artificial intelligence (“AI”) technology.
