Artificial intelligence isn’t going anywhere. Experts use it. Opposing counsel use it. Clients use it – and want their lawyers to use it too. It is becoming an increasingly standard legal research, drafting, and case strategy tool. But as a couple of our recent posts (here and here) have pointed out—AI is far
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Guest Post − AI Enters the Exam Room: Product Liability Implications of AI Health Tools
Today’s guest post is by Reed Smith‘s Jamie Lanphear. She has long been interested in tech issues, and particularly in how they might intersect with product liability. This post examines product liability implications of using artificial intelligence (“AI”) for medical purposes. It’s a fascinating subject, and as always our guest posters deserve 100%…
AI Hallucinations in Court: A Case Study in How Bad It Can Get
SDNY Holds that Defendant AI Inquiries Made Without Counsel’s Input Were not Shielded by Attorney-Client Privilege or Work Product Doctrine
We’ve become aware that some clients are using artificial intelligence (AI) to summarize or analyze things like complaints, briefs, internal documents, or even – horror of horrors! – law firm bills. If the client performing these tasks is an in-house lawyer, such work might be protected by the attorney client privilege or work product doctrine…
A Modest Proposal Concerning AI Hallucinations
…This database tracks legal decisions in cases where generative AI produced hallucinated content – typically fake citations, but also other types of AI-generated arguments. . . . While seeking to be exhaustive (972 cases identified so far), it is
Guest Post: What the New Reference Manual for Scientific Evidence Teaches Us About AI in the Courtroom
Today’s guest post is from Nick Dellefave, an up and coming Holland & Knight litigator. The Blog has rolled out a few posts on the latest edition of the Reference Manual on Scientific Evidence. Nick adds to this opus with a dive into the intersection between scientific evidence, the role of trial judges…
Digital Health Liability Law In Flux
Not quite three years ago, we co-authored a chapter in a Digital Health guide put out by International Comparative Legal Guides. It bore the pithy title “Predicting Risk and Examining the Intersection of Traditional Principles of Product Liability Laws with Digital Health.” We continue to tinker with the principles of product liability law…
Introducing the New Reference Manual for Scientific Evidence
Since it was published in 2011, the third edition of the Federal Judicial Center’s Reference Manual for Scientific Evidence has been the go-to guide for federal judges seeking to sort out scientific testimony, and a major source of non-precedential authority for both sides when arguing motions under Fed. R. Evid. 702. 2011, however, was fifteen…
Who Is the “Expert” When Expert Witnesses Use AI?
This “just desserts” story caught our eyes earlier this year – a hot-shot expert witness, on artificial intelligence, no less, got caught with his own hand in the AI cookie jar. As a result, his credibility was destroyed, and his testimony was excluded. The litigation leading to Kohls v. Ellison, 2025 WL 66514 (D.
Another Shameless Plug – Calling All Life Sciences In-House Counsel: Wrap Up Your 2025 CLE Requirements with Us
If you’re an in-house counsel working in the pharmaceutical, biotech, medical device, or digital health space (and still looking to complete CLE hours before year-end) we invite you to join Reed Smith’s annual Virtual Life Sciences CLE Week, taking place November 3–7, 2025.
This week-long event will feature a series of live webinars…