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Articles by Daniel E. Tranen
Privileged Or Public? How Use Of AI Can Undermine The Attorney-Client Privilege
Wilson Elser Moskowitz Edelman & Dicker LLP are most popular: with Inhouse Counsel Use of public generative artificial intelligence (GAI) models like ChatGPT, Claude, and Google Gemini by lawyers and their clients has long carried privacy concerns. For the most part, those concerns were theoretical. They did not meaningfully deter attorneys seeking efficiency or clients attempting to reduce costs by posing legal questions directly to AI tools. That theoretical risk has now become real. In U.S. v.
Privileged or Public? How Use of AI Can Undermine the Attorney-Client Privilege
Use of public generative artificial intelligence (GAI) models like ChatGPT, Claude, and Google Gemini by lawyers and their clients has long carried privacy concerns. For the most part, those concerns were theoretical. They did not meaningfully deter attorneys seeking efficiency or clients attempting to reduce costs by posing legal questions directly to AI tools. That theoretical risk has now become real. In U.S. v.
Sword Or Shield? Using Your Contract To Mitigate Risk
Wilson Elser Moskowitz Edelman & Dicker LLP are most popular: within Strategy and Coronavirus (COVID-19) topic(s) with readers working within the Insurance industries Professional services agreements often are treated as a formality—boilerplate documents signed at the outset of an engagement and then forgotten. In reality, these agreements are among the most effective tools available for managing professional liability.
What Capacity Is Your Capacity In?
An Update on the “Capacity” Coverage Defense in D&O Policies By design, Directors and Officers (D&O) liability insurance is constrained to cover directors and officers of the insured corporate entity in their “capacity” as directors and officers of the corporate entity.
Imagining Coverage Litigation in the Age of Artificial Intelligence
My dear Miss Glory, the Robots are not people. Mechanically they are more perfect than we are; they have an enormously developed intelligence, but they have no soul.1 This quote was used at the outset of Bunce v. Visual Tech. Innovations, Inc.2– a recent case involving a lawyer who used ChatGPT to write a legal brief, which contained hallucinated or fake legal cases to support a legal argument presented to the court.
Imagining Coverage Litigation In The Age Of Artificial Intelligence
My dear Miss Glory, the Robots are not people. Mechanically they are more perfect than we are; they have an enormously developed intelligence, but they have no soul.1 This quote was used at the outset of Bunce v. Visual Tech. Innovations, Inc.2– a recent case involving a lawyer who used ChatGPT to write a legal brief, which contained hallucinated or fake legal cases to support a legal argument presented to the court.
What Capacity Is Your Capacity In?
An Update on the "Capacity" Coverage Defense in D&O Policies By design, Directors and Officers (D&O) liability insurance is constrained to cover directors and officers of the insured corporate entity in their "capacity" as directors and officers of the corporate entity.
Imagining Coverage Litigation in the Age of Artificial Intelligence
My dear Miss Glory, the Robots are not people. Mechanically they are more perfect than we are; they have an enormously developed intelligence, but they have no soul.1 This quote was used at the outset of – a recent case involving a lawyer who used ChatGPT to write a legal brief, which contained hallucinated or fake legal cases to support a legal argument presented to the court.
What Capacity Is Your Capacity In?
An Update on the “Capacity” Coverage Defense in D&O Policies By design, Directors and Officers (D&O) liability insurance is constrained to cover directors and officers of the insured corporate entity in their “capacity” as directors and officers of the corporate entity.
Imagining Lawyer Malpractice In The Age Of Artificial Intelligence
My dear Miss Glory, the Robots are not people. Mechanically they are more perfect than we are; they have an enormously developed intelligence, but they have no soul.1 This was a quote at the outset ofBunce v. Visual Tech. Innovations, Inc.2– a recent case involving a lawyer who used ChatGPT to write a legal brief containing hallucinated or fake legal cases to support the legal argument presented to the court.
Imagining Lawyer Malpractice in the Age of Artificial Intelligence
My dear Miss Glory, the Robots are not people. Mechanically they are more perfect than we are; they have an enormously developed intelligence, but they have no soul. 1 This was a quote at the outset of Bunce v. Visual Tech. Innovations, Inc.2 – a recent case involving a lawyer who used ChatGPT to write a legal brief containing hallucinated or fake legal cases to support the legal argument presented to the court.
When Liability Appears Bleak, Pivot To Causation And Damages!
An old adage about legal strategy goes something like this: when your case is weak on the law, pound the facts. When your case is weak on the facts, pound the law. And when your case is weak on the facts and the law, pound the table.
Professionally speaking - February 2025 edition
PROFESSIONALLY SPEAKING NEWS & INSIGHTS Wilson Elser's newsletter features articles written by the firm's Professional Liability & Services Practice attorneys. Professionally Speaking explores current topics of interest to general counsel, claims professionals and risk managers for various professional liability lines, including accountants, lawyers, design professionals, insurance brokers and others. Is an Attorney Liable in a Cybersecurity Incident Resulting in a Loss to a Non-Client?
New Missouri Supreme Court Case Outlines Mechanism For Insurers To Intervene And Seek A Stay Of Underlying Tort Actions While Simultaneously Seeking A Declaration Of Coverage Rights
Insurers operating in Missouri received an early Christmas present with the Missouri Supreme Court's December 2024 decision in McCrackin v. Mullen.1 The court ruled in favor of Safeco Insurance Company's motion to intervene and stay an underlying tort action while the insurer sought a declaration of its rights under a homeowner's policy of insurance.
A Recent Case Study On The Mutual Duties Of Primary Insurers And Excess Insurers
The relationship between excess insurers and primary insurers is a complex one. There typically is no contractual relationship between them. Instead, both have contractually agreed to provide insurance coverage to a policyholder.
The 2024 Restructure Of Louisiana Bad Faith Laws: Will It Help?
Each year, property owners in the Gulf Coast region of the United States brace for the possibility of a hurricane. Insurers likewise brace for the property damage claims that follow the storms. The Gulf of Mexico is warming at unprecedented rates, and the size and severity of storms and the resulting devastation are expected to rise, fueling increasing costs for residents and their insurers.
New ABA Guidance On Generative Artificial Intelligence Use - What It Means For The Legal Malpractice Landscape
Last year, in the matter of Mata v. Avianca, Inc., the lawyers for the plaintiff submitted briefs to a federal court judge created through ChatGPT – a generative artificial intelligence (GAI) tool – in support of their positions. The submission by Mata's counsel contained fabricated citations and legal decisions.
New ABA Guidance on Generative Artificial Intelligence Use — What It Means for the Legal Malpractice Landscape
Last year, in the matter of Mata v. Avianca, Inc., the lawyers for the plaintiff submitted briefs to a federal court judge created through ChatGPT – a generative artificial intelligence (GAI) tool – in support of their positions. The submission by Mata’s counsel contained fabricated citations and legal decisions.
Liability Considerations For Products Originating Outside The United States
Evaluation of product liability and risk for a product manufactured outside the United States is complex and nuanced. A necessary threshold consideration is the relationship between the non-U.S. manufacturer and its U.S. distributor. That relationship will impact numerous litigation-related issues for both parties, including jurisdiction, scope of defense and indemnification obligations, discovery, and collection of judgments.
Risk Management Magazine - Liability Considerations for Products Originating Outside the United States
Evaluation of product liability and risk for a product manufactured outside the United States is complex and nuanced. A necessary threshold consideration is the relationship between the non-U.S. manufacturer and its U.S. distributor. That relationship will impact numerous litigation-related issues for both parties, including jurisdiction, scope of defense and indemnification obligations, discovery, and collection of judgments.
Are Insurance Brokers "Professionals" Under The Law?
Lawsuits against insurance brokers may arise from clients alleging that they depended upon the broker to procure insurance to cover a particular risk or provide prudent advice about what insurance they need to purchase. However, the duties owed by an insurance broker are not universal and vary widely by jurisdiction. Those duties and other ancillary factors can be meaningful in determining whether an insurance broker is considered a "professional" under the law.
A New Twist On Aiding And Abetting Liability Involving Lawyers
A lawyer's standard risk for liability exposure comes from a lawsuit brought by a client alleging that the lawyer has breached some duty to the client causing damages, typically seen as a legal malpractice claim. However, we sometimes see lawsuits brought by non-clients against opposing counsel. These actions are usually grounded in a claim that the lawyer (opposing counsel) caused or aided in some alleged misconduct of the lawyer's client, which caused the claimant to suffer damages.
A New Twist on Aiding and Abetting Liability Involving Lawyers
A lawyer’s standard risk for liability exposure comes from a lawsuit brought by a client alleging that the lawyer has breached some duty to the client causing damages, typically seen as a legal malpractice claim. However, we sometimes see lawsuits brought by non-clients against opposing counsel. These actions are usually grounded in a claim that the lawyer (opposing counsel) caused or aided in some alleged misconduct of the lawyer’s client, which caused the claimant to suffer damages.
Professional Status and Standards of Care Across Jurisdictions
Lawsuits against insurance brokers may arise from clients alleging that they depended upon the broker to procure insurance to cover a particular risk or provide prudent advice about what insurance they need to purchase. However, the duties owed by an insurance broker are not universal and vary widely by jurisdiction. Those duties and other ancillary factors can be meaningful in determining whether an insurance broker is considered a "professional" under the law.
Professionally speaking - July 2024 edition
PROFESSIONALLY SPEAKING NEWS & INSIGHTS Wilson Elser's newsletter features articles written by the firm's Professional Liability & Services Practice attorneys. Professionally Speaking explores current topics of interest to general counsel, claims professionals and risk managers for various professional liability lines, including accountants, lawyers, design professionals, insurance brokers and others.
The Shifting Landscape of Data Privacy Regulation in the Life Sciences Industry
Strong momentum continues for the implementation and enforcement of state data privacy legislation in 2024, with Kentucky, Maryland, Nebraska New Hampshire and New Jersey enacting comprehensive data privacy laws in 2024. When combined with similar laws passed by various states in the prior year, there is a total of 17 comprehensive state privacy statutes that are currently in effect or slated to take effect over the next several years.
HHS Secretary's Fourth Amendment To PREP Act Declaration Clarifies Its Intent For Federal Jurisdiction And Broad Application To COVID-19-Related Claims - Food, Drugs, Healthcare, Life Sciences - United States
To print this article, all you need is to be registered or login on Mondaq.com. On December 3, 2020, Health and Human Services (HHS) Secretary Alex. M. Azar II issued a fourth amendment to his original Public Readiness and Emergency Preparedness (PREP) Act Declaration, which was issued on March 10, 2020, and published in the Federal Register on March 17, 2020.
HHS Secretary’s Fourth Amendment to PREP Act
Friday, December 4, 2020 On December 3, 2020, Health and Human Services (HHS) Secretary Alex. M. Azar II issued a fourth amendment to his original Public Readiness and Emergency Preparedness (PREP) Act Declaration, which was issued on March 10, 2020, and published in the Federal Register on March 17, 2020.
Will The PREP Act Adequately Protect U.S. Automakers That Are Now Making Ventilators From Future Product Liability Claims?
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
What If Your Automaker-Manufactured Ventilator Is A Lemon?
To print this article, all you need is to be registered or login on Mondaq.com. This is not to suggest that there is anything wrong with the ventilators currently being manufactured by nontraditional manufacturers of ventilators for the purpose of combatting the COVID-19 national public health emergency. The question is posed because not every medical device always works perfectly, and sometimes medical devices do cause injuries.
Will the PREP Act Adequately Protect U.S. Automakers That Are Now Making Ventilators from Future Product Liability Claims?
Wednesday, May 13, 2020 With the urgent need for more ventilators in the past few months due to the COVID-19 pandemic, we have seen the U.S. Automakers answer our country’s call for help by shifting their focus from manufacturing vehicles to manufacturing ventilators. This has been an unprecedented move and has included the invocation of the Defense Production Act.
Will the PREP Act Adequately Protect U.S. Automakers That Are Now Making Ventilators from Future Product Liability Claims?
With the urgent need for more ventilators in the past few months due to the COVID-19 pandemic, we have seen the U.S. Automakers answer our country’s call for help by shifting their focus from manufacturing vehicles to manufacturing ventilators. This has been an unprecedented move and has included the invocation of the Defense Production Act. Prior to the COVID-19 pandemic, the entire industry of ventilator manufacturing produced approximately 35,000 ventilators on an annual basis.
What If Your Automaker-Manufactured Ventilator Is a Lemon?
Thursday, May 7, 2020 This is not to suggest that there is anything wrong with the ventilators currently being manufactured by nontraditional manufacturers of ventilators for the purpose of combatting the COVID-19 national public health emergency. The question is posed because not every medical device always works perfectly, and sometimes medical devices do cause injuries.
Emerging Risk Management Issues with Point of Service Manufacture and Use of 3D Printed Medical Devices
Emerging Risk Management Issues with Point of Service Manufacture and Use of 3D Printed Medical Devices Overview Description Sponsored by Wilson Elser. Already a billion-dollar industry, 3D-printed medical devices are growing at a rate of 20% per year.
Liability Immunity Relating To Implementation Of Countermeasures To COVID-19
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Liability Immunity Relating to Implementation of Countermeasures to COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Liability Immunity Relating to Implementation of Countermeasures to COVID-19
Thursday, March 19, 2020 The Secretary of the Department of Health and Human Services (HHS) recently made a declaration to provide liability immunity to drug and medical device manufacturers, distributors and users relating to the implementation of countermeasures to the COVID-19 pandemic (the Declaration). The Declaration was effective February 4, 2020.
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