Author: David

The Lurking Risk in Arbitrations of Producing – and Clawing Back – Privileged Documents

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Sophisticated litigators have come to rely on court-ordered stipulations that allow them to claw back otherwise privileged materials that were inadvertently produced. There are cogent reasons why counsel in arbitrations should enter similar stipulations that create the presumption that privileged materials were produced inadvertently. While highlighting the benefits of such a stipulation, this article also … Continued

Deciding To Arbitrate After Consumer Disputes Arise

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The Context On Sept. 13, 2023, nonprofit organizations and consumer law professors submitted a petition urging the Consumer Financial Protection Bureau to allow consumers to decide whether to arbitrate their consumer disputes after the dispute arises.[1] This is one more attempt by concerned consumer activists to end the practice that forces consumers to agree at … Continued

How Antidiscrimination Laws Apply to Employees Who Work Remotely

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Introduction With the rise of remote work since the COVID-19 outbreak, courts will be asked to grapple anew with a perennial question: whether state and local antidiscrimination laws apply to workers who are not physically present in the jurisdiction. In New York and New Jersey, the courts have taken different approaches to this important threshold … Continued

Rochester Attorney and Harris Beach Partner Heidi Schult Gregory Honored With New York State Bar Association’s Attorney Professionalism Award

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Heidi Schult Gregory, Harris Beach Rochester Office managing partner, was honored today with the 2024 Attorney Professionalism Award at the New York State Bar Association’s Law Day celebration at the Bar Center in Albany. “Heidi Schult Gregory’s integrity, leadership and her commitment to the inclusion and development of women attorneys make her a well-deserving recipient … Continued

Why ChatGPT-4’s Score on the Bar Exam May Not Be So Impressive

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One of the most celebrated moments of the artificial intelligence revolution was when ChatGPT’s developer OpenAI announced that the chatbot scored in the 90th percentile on the bar exam and completed the test in just six minutes. But was ChatGPT-4’s stellar performance exaggerated? Eric Martinez, a doctoral student in MIT’s brain and cognitive sciences department, … Continued

New York State Bar Association Warns That AI Must Not Compromise Attorney-Client Privilege

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The New York State Bar Association is advising lawyers to ensure that artificial Intelligence does not put attorney-client privilege at risk at a time of increasing security concerns about confidential information being disclosed by the technology. The report from the association’s Task Force on Artificial Intelligence, which was approved by its governing body, the House … Continued

Report of President Richard Lewis to the House of Delegates of the New York State Bar Association – April 6, 2024

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Dear Colleagues: During my term, we have taken significant steps toward addressing the practical concerns of our members and our profession. It has been a collaborative effort made possible by the unmatched professionalism and dedication of my colleagues, many of whom are here today, and for that, I thank you. Our primary objective has been … Continued

Tackling Today’s Volatile Issues – and Why It’s Worth It

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When I first began my presidential tenure, I viewed it as an opportunity to address practical issues that are a priority to attorneys and the profession itself. I recognized that I had an ambitious agenda. That has proven to be prophetic as the past 10 months have flown by. The Association’s leadership team and I … Continued