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December 28, 2023 | New York Law Journal

Duty To Protect Versus Duty To Maintain Confidentiality: When Does One Trump the Other?

Confidentiality facilitates honest communication by assuring patients that the details of their lives, shared with their health care providers, will remain private. Yet, mental health professionals in some states are imposed with a duty to warn, requiring them to take reasonable steps to protect potential victims of their clients. However, not every state adheres to the concept of the duty to warn taking precedence over the need to maintain client confidentiality.
8 minute read
December 28, 2023 | Law.com

Top Litigation Trends of 2023—and What to Watch in 2024

As 2023 comes to an end, we're looking back at significant litigation trends surfaced by Law.com Radar.
6 minute read
December 27, 2023 | The Recorder

A Very Young Child's Voice in Sexual Abuse Legal Proceedings

"In cases involving minor children, we sometimes vary from standard operating procedure regarding how testimony can be presented, as well as stretching boundaries as to whether the witness is developmentally capable of presenting testimony. Should such distinctions continue?"
12 minute read
December 21, 2023 | Litigation Daily

Encore! One Last Look at 2023's Litigators of the Week

With one more LOTW set to be named tomorrow, a familiar firm has already clinched the most top spots for the year.
16 minute read
December 20, 2023 | Legaltech News

On the Naughty List? 6 Hurdles OpenAI Faced This Year

OpenAI and its chatbot ChatGPT repeatedly found themselves in the news this year, partly because they best exemplify the recent advances in generative AI, but also because the two sometimes found themselves in hot water.
1 minute read
December 20, 2023 | New York Law Journal

Thirty-Three States Challenge Meta's Failure To Protect Children's Information

Children aged 13 and under can log in to social media by lying about their age or pretending to be an adult; yet, social media contains vast quantities of content that is inappropriate for very young users. In his Privacy Matters column, Peter Brown discusses how and why 33 states acted together to file a massive litigation against Meta to protect the children in their respective states.
9 minute read
December 19, 2023 | Corporate Counsel

Our Top 10 + 1 Predicted Business and Human Rights Issues for 2024

In the spirit of Human Rights Day, which in 2023 marks the 75th anniversary of the date the UN General Assembly adopted the Universal Declaration of Human Rights, we have been bold and venturesome with our list. As you will see, some of our topics are cyclical, others just emerging, and a few persisting. But here are our top 10 + 1, in no particular order.
17 minute read
December 19, 2023 | Law.com

The Importance of Cyber Vigilance: Control Liability and Litigation Exposure

This article covers cyber trends and tips for organizations to explore in order to be better equipped to anticipate and respond to cyber incidents before a devastating breach occurs. The outcome? Diminished chance of class action activity, compliance violations, lost business, and mounting costs.
22 minute read
December 18, 2023 | New York Law Journal

'Put Me In Coach: I'm Ready To Prepare Our Witness': A Refresher on Witness Preparation and Discussion of Ethics

The idea of something being true, but inaccurate, is not just movie fodder. It often arises in litigation, specifically in witness testimony. When during deposition preparation does coaching cross over from permissible to impermissible? Really, the answer depends on what, and how you do it.
13 minute read
December 14, 2023 | Daily Report Online

Willis Tells AP It's a 'Silly Notion' That Trump's Georgia Case Should Pause for the Election

The Fulton County DA is seeking an August trial date for Trump and his co-defendants, a time frame that would put the current front-runner for the Republican presidential nomination in court defending himself in the months, weeks and even days leading up to the November general election.
6 minute read

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