Much has been written about the risks of lawyers relying on generative artificial intelligence (Gen. AI) to draft briefs—especially when unchecked citations turn out to be hallucinated. But lawyer briefs are not the only documents that demand scrutiny. As the cases below show, lawyers must also carefully review their experts’ affidavits, declarations, and reports before submitting them to other parties or the court.…

Continue Reading Expert Testimony in the Age of Generative AI: Recent Case Developments

Amid the waning hours of its spring legislative session, the Illinois General Assembly passed a bill which, if the governor signs, would significantly expand Illinois courts’ jurisdictional reach to foreign corporations in toxic tort litigation.
Continue Reading Illinois Senate Bill 328 May Impact Foreign Corporations in Toxic Tort Cases

A case that originated in Finland concerned liability for a defective product and the concept of “producer” under EU trademark law. A coffee machine (the Philips Saeco Xsmall HD8743/11) manufactured by Saeco, a Romanian subsidiary of Philips, caught fire. The machine contained trademarks of both Saeco and Philips. The unlucky consumer that got a fire…

On March 6, 2020, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued seven warning letters to companies making alleged unauthorized claims related to the prevention or treatment of the Coronavirus Disease 2019 (COVID-19). In addition to issuing the joint warning letters, the FDA issued a press release announcing the…

On Feb. 7, New York Governor Andrew M. Cuomo signed legislation regulating the presence of toxic chemicals in children’s products and apparel. The governor agreed to the legislation – the last of the bills from the 2019 legislative session to be signed – on the condition that the bills be amended in the current 2020…

The Massachusetts Consumer Protection Act (Chapter 93A) protects consumers against unfair or deceptive business practices and allows consumers, under certain circumstances, to bring class actions against businesses to stop such practices and seek damages. Generally, unless a business responds to a presuit demand letter with a reasonable settlement tender, violation of Chapter 93A requires payment…

On June 1, 2017, the Mandatory Initial Discovery Pilot Project (MIDP) took effect in the Northern District of Illinois. With only limited exceptions, the MIDP applies to all cases filed after June 1 and significantly impacts how cases in the Northern District of Illinois will proceed. In particular, cases in which defendants are seeking to…

On May 20, 2016, the FDA announced that it finalized changes to the Nutrition Facts panel on the labels of packaged foods and beverages, as well as changes to the Supplement Facts panel on the labels of dietary supplements.  The final regulations were published in the Federal Register on May 27, 2016.  The final  version …