Federal Judge Bans Generative AI Briefs Not Revewed By a Human

 Critics of generative AI have called it many things. But this seems a first. U.S. District Judge in Tennessee Brantley Starr, reports Reuters Legal, described the generative AI platforms as having "hallucinations." The delusional state manifests itself in making things up. 

Those things have become infamous in the pickle Steven Schwartz finds himself in. The brief he submitted in a personal injury case contained three fake citations. ChatGPT came up with those. Now Schwartz faces possible sanctions. 

Since, as we might put it, generative AI platforms suffer from a mental defect, Judge Starr bans briefs researched through them unless the content is verified by humans through other legal databases. If lawyers don't comply in his court, they could be sanctioned. This could be the first kind of ruling about that particular issue on the federal level. 

Initially Starr was going to prohibit all AI chatbot generated content. However, it turns out he does assess value to the technology. He has imposed the rule only on briefs. 

Overnight, it seems, the legal matters related to generative AI are the ones sucking up so much of the media oxygen. Right up there with the coverage of the delusional ChatGPT is what should be scaring to death businesses which assumed they could simply rely on generational AI's graphic capabilities for their promotional visuals. 

The high-profile SCOTUS decision in "Andy Warhol v Goldsmith" raises questions about copyright in terms of fair use and competitive issues. Unfortunately that ruling has created plenty of ambiguity for users. The new joke can be: Hey, if you creatives are going to use generative AI for your graphic promotions, bring along a lawyer. 

No one needs to be one of the new business development experts at a law firm to figure out that the demand for specialized AI legal services will soar. Among the law which are already playing in that sandbox are Gibson Dunn, Mintz, Epstein Becker, Quinn Emanuel, and Paul Weiss.

So, let's take a peek at what those practices say they will do for clients. Paul Weiss actually has two of them, one transactional and one for litigation. Its mission for both, according to the website, is: 

" ... help boards and top management understand emerging regulatory concerns; establish appropriate parameters and guardrails in testing data-set models; and stay ahead of potential legal and regulatory repercussions. We also have extensive experience advising major corporations and investors on valuation, licensing and monetization of AI and machine-learning tools in the transactional context."

Those in communications looking for an edge should bone up on the AI legalities and implications. Already generative AI in general is generating plenty of communications work. 

Generative AI. Is that Black Swan disrupting your communications? Or, should it be? Complimentary consultation from Jane Genova (text 203-468-8579, email janegenova374@gmail.com)



 


Comments

Post a Comment

Popular posts from this blog

Akin Gump Julia Ghahramani's March 2021 Cocaine+ Death - So?

   It had been way back more than a year ago that first-year associate at law firm Akin Gump Julia Ghahramani died from cocaine laced with fentanyl. Yet that story keeps resurfacing.  This week  RollonFriday  revisits it. And  Reddit Big Law  considers the issue if the energy from cocaine is what's making possible those 2,500 hours billed in law firms.  Is what's keeping this on the radar the hunch that use of the illegal substance cocaine is common among those practicing law? After all, in addition to being an energy-booster, it provides a nice reward for such hard-working lawyers. Also, they have the earnings to afford it. Most of the rest of gunners have to stick with boozing. So, why not?  The reality might be setting in that the death could simply have been an aberration. Think about it this way: Ghahramani had bad luck in her alleged choice of dealers. Others might be able to exert more scrutiny in overseeing the content of the illegal drugs they sold. The message c
Read more

Up-or-Out: McKinsey Raises the Pressure, In Contrast Some Law Firms Ease It through Nonequity Partner Tier

" McKinsey & Co.  warned some US consultants last week they are running out of time to win promotion, raising the 'up or out' pressure on staff as the global consulting industry struggles." - Abovethefold Article in Bloomberg , March 27, 2024 This is yet another sign that once-iconic McKinsey is a professional services firm in trouble. One challenge is overcapacity of manpower. It has also warned about 3,000 consultants about "concerns" regarding their performance.  In addition to the overall slowdown in management consulting, McKinsey faces scrutiny from myriad sources about its client list including assignments with China and Saudi Arabia. There also has been that hatchet-job book "When McKinsey Comes to Town." The most damning aspect of the expose is that former employees dump on it. Posts on the professional anonymous network Fishbowl Consulting aren't optimistic about a turnaround at McKinsey or at other players in that sector. In cont
Read more

Down Memory Lane - There Was Actually a Time in When $70k for New JDs Was Big Money

  Let's cut to the chase. The year was 1987.  On a Monday in October the stock market crashed.  Corporate downsizing, made an art at GE by Jack Welch, was purging the system of middle-aged middle managers. Staples caught the wave of accidental entrepreneurs forced out of corporate careers. It created the new category of office supplies for small business. We the purged agonized at Staples about what color business stationary.  It was the worst of economic times, at least since The Great Depression.  Meanwhile, large law firms were getting a lot of attention because they were paying inexperienced law-school graduates starting salaries of up to $70k.  Cravath got the ball rolling on that. The phenomenon was enough to attract a major article by The Washington Post.   The kicker was this: The money wasn't enough for young lawyers to stay with those jobs which they found long in the hours and short on stimulating assignments. Often they were locked into proofreading documents at the
Read more