USA Law and Practice Contributed by: Courtney Scobie and Jack Edwards, Ajamie LLP
Given that Loper Bright is only a year old, its long- term impact is unknown. It has, however, been cited in more than 1,000 federal court cases. In addition, several courts have halted the implementation of new proposed federal regulations, including new rules on overtime pay and non-compete agreements. Use of AI by US Commercial Litigators The use of AI in the practice of law is also a major growth area for US commercial litigators. For several years, commercial litigators have used tools such as predictive coding to assist with reviewing electronic discovery and analysing data generally. The rise of generative AI and large language models such as ChatGPT, however, has created new tools for attor- neys to use in conducting legal research, writing briefs, and transcribing depositions.
Nevertheless, this new technology is far from per- fect and sometimes hallucinates cases that – despite sounding plausible – do not actually exist. In several cases, judges sanctioned attorneys who cited fake cases in legal submissions. Many federal courts now require all attorneys who appear in their courts to affirm either that they have not used AI in generating their court submissions or that they have checked the accuracy of every legal citation in their submissions. Even if an attorney appears in a court without such a requirement, they should double-check any work or citation generated by AI. To do otherwise risks the cost and embarrassment of a sanctions order.
1209 CHAMBERS.COM
Powered by FlippingBook