Author: David

New York State Bar Association Is Not Responsible for Licensing or Discipline of Attorneys in New York

The New York State Bar Association is a not-for-profit voluntary membership association for attorneys. We are not a state entity or responsible for licensing or discipline of attorneys. Disciplinary complaints should be directed to the Attorney Disciplinary / Grievance Committee for the New York State Appellate Division. The office to contact depends upon the location … Continued

Assessing Human Authorship in AI-Generated Works

A banana duct-taped to a wall sold for $6.2 million. Maurizio Cattelan’s work, “Comedian,” has been deemed one of the most “talked about works of the century,”[1] though much of the conversation has been sharply critical.[2] Indeed, when art is produced with minimal skill and creativity, inevitably, it garners scrutiny. Perhaps it is no surprise … Continued

Cultivating New York’s Future Citizens: Advancing a Tradition of Democratic Education

Across the history of democratic thought, one theme endures: A just society requires educated, engaged citizens.[1] Aristotle argued that the purpose of law is not only to regulate but to cultivate virtue and shape citizens capable of intelligently participating in public life.[2] In the early American republic, Thomas Jefferson warned that without widespread civic education … Continued

Is This AI Rule Necessary? An Analysis of Assembly Bill 8546

In June 2023, in a Pearl Street courtroom in Manhattan, Judge P. Kevin Castel sat down to write what would become one of the most quoted federal opinions of the decade, Mata v. Avianca, Inc.[1] The facts have entered the legal malpractice canon. A New York personal injury attorney typed his client’s case into ChatGPT, … Continued

Beyond the Mirage: Beware of Generative AI and Hallucinations

The work of attorneys can be arduous. With demanding caseloads comes an openness to tools that can help us do our jobs more efficiently. The advent of online legal research was a game changer for attorneys decades ago. In recent years, generative artificial intelligence – AI that can create original content such as text, images, … Continued

Burden of Proof: Save Me!

A Magnificent, Benevolent Statute CPLR 205(a) is a statute every New York State litigator must be familiar with. Known as the “savings statute,” the statute (and its predecessors) “has existed in New York law since at least 1788,” and traces “its roots to seventeenth century England.”[1] The Court of Appeals in Malay v. City of … Continued