A recent decision from Suffolk County Justice Linda Kevins in Cassata v Michael Macrina Architect, P.C. serves as yet another warning to practitioners concerning the risks and ethical considerations implicated by the use of generative artificial intelligence (“AI”) in the legal profession, and the Court’s inclusion of a sanctions chart for AI-related errors offers a
Artificial Intelligence is rapidly influencing the legal profession and remains a hot topic for attorneys and the courts. AI has proven useful for everything from routine administrative tasks to case-analysis summaries. It helps lawyers research quickly, draft faster, and analyze large amounts of information more efficiently. However, as attorneys’ use and reliance on AI increase
The Commercial Division Advisory Council (“Advisory Council”) is consistently looking to implement and amend new rules to enhance practice in the Commercial Division. On June 11, 2025, the Advisory Council proposed adding a new Rule 6(e) to the Rules of the Commercial Division. The proposed Rule 6(e) governs the use of generative artificial intelligence (“GenAI”)
Over a beautiful, sunny weekend earlier this month (May 17-19), commercial litigators and judges from all over the State converged on Saratoga Springs and the beautiful Gideon Putnam Hotel, for the Commercial and Federal Litigation Section Spring 2024 Meeting. In addition to the receptions, dinners, golf and after-program discussions, all of which were excellent, the Spring Meeting was jam-packed with two days of substantive, thought-provoking and forward-thinking topics. The program was remarkable enough that we here at New York Commercial Division Practice thought it appropriate to report the goings-on for all that could not attend.
After a wonderful opening reception and dinner on Friday night to kick off the Meeting, including introductory remarks from ComFed Chair Anne B. Sekel, Esq.; Chair-Elect, Michael Cardello III, Esq.; and Simply Saratoga author, Carol Godette, NYSBA members in attendance were in for a treat first thing Saturday morning, when former Farrell Fritz partner and current U.S. Magistrate Judge for the Eastern District of New York, Hon. James L. Wicks; U.S. District Court Judge for the Southern District of New York, Hon. Mary Kay Vyskocil; Ralph Cater, Esq.; Moya Novella, Esq.; and Stephen Breidenbach, Esq. led a panel discussion about what AI and its platforms are, how they work (or do not work), and how AI is used by litigators in practice. The panel had attendees on the edge of their seats, demonstrating in real-time the functionality of various AI platforms performing legal tasks such as drafting extension letters, briefs, and deposition outlines, all while attempting to incorporate individual court practice rules. The panel then took up the ethical and other implications of using AI, including in regards to the duty of competence, duty of diligence, duty to communicate, duty of confidentiality, and the unauthorized practice of law. It was a great start to the Meeting. Continue Reading Happenings from the NYSBA Commercial and Federal Litigation Section Spring 2024 Meeting
On April 2, 2024, the New York State Bar Association’s (“NYSBA”) Task Force on Artificial Intelligence released a report concerning the use of artificial intelligence (“AI”) in the legal profession (“Report”). New York joins select states, such as Florida and California, whose bar associations have published recommendations on the use of AI. The nearly 90-page Report examined the (1) evolution of AI and generative AI; (2) benefits and risks of AI and generative AI use; (3) impact of the technology on the legal profession; (4) legislative overview and recommendations; and (5) proposed guidelines. To date, the Report is the most comprehensive document provided by a state bar association regarding AI use. Continue Reading AI Etiquette: A User’s Manual Provided by the NYSBA