In one of the latest intersections between technology and the courtroom, the Third Circuit has ruled that a particular brand of probabilistic genotyping DNA software (TrueAllele) is reliable enough to be used at trial. In a world of ever evolving technology, it is...
As multi-million dollar verdicts rise across the country, a new trend is emerging among defendants and insurers: retaining appellate counsel prior to trial. Naturally, trial attorneys are responsible for preserving arguments for appeal. But devastating verdicts and...
The problem: Most toxic tort trials involve only 1-2 defendants, despite the existence of evidence implicating numerous, even dozens, of other entities as contributing to the plaintiff’s exposure to a toxic substance. Because the trial defendant is the topic of the...
A common thread connects a growing number of consumer product class actions filed over the past two years: in nearly every case, the lawsuit traces back to a test result generated by an outside laboratory or consumer advocacy organization. Adhesive bandages alleged to...
The recent decision by the Massachusetts Appeals Court in Agnitti v. Philip Morris USA Inc., (24-p-780) offers a warning for companies regarding any representations made to consumers, such as product labeling or advertising, as well as litigators pursuing or defending...
In an effort to retain employees, companies have instituted “pay or stay” agreements as a condition of employment. These agreements are often referred to as training repayment agreement provisions, or “TRAPs”. They require an employee to reimburse their employer for...
In a first of its kind ruling, a Judge in the U.S. District for the Southern District of New York held that documents that a defendant (client) created using generative AI and sent to his lawyer were not protected by privilege, nor were they protected by the work...
As AI Chatbots become increasingly sophisticated and embedded in daily life, concerns about their potential harm have significantly intensified, especially the harm they pose to minors. The harm ranges from spreading misinformation to enabling harmful behaviors....
In March 2020, many companies implemented work-from-home (WFH) policies in response to the global pandemic, aiming to keep employees safe while maintaining productivity. Soon after Federal and local governments followed suit. Now, as the threat of widespread...
As Massachusetts employers prepare for the October 29, 2025 implementation of the Frances Perkins Workplace Equity Act's salary disclosure requirements, initial compliance guidance has focused on understanding the basic legal obligations. However, experiences from...