In a recent False Claims Act matter, an expert used AI tools to fabricate (among other things) sworn testimony of a federal agency, prompting a motion that may lead to attorney disqualification and even dismissal of the entire case. The pending motion highlights an important issue for litigators to consider in engaging experts. This article summarizes the pending motion and suggests potential solutions and best practices to avoid this issue biting counsel and clients and to protect clients and counsel in the event an expert goes rogue with AI.
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Dealmaker and Team Shaper: Scarlet McNellie’s Formula for Success
Scarlet McNellie’s career at Norton Rose Fulbright offers a rare glimpse into what persistence and vision can yield at a large law firm when paired with loyalty.
Annual Dykema M&A Survey Cites “Cautious Optimism”; Q3 CDT Stats Validate Both
In Dykema’s 21st Annual Mergers & Acquisitions Outlook Survey the operative words are “cautious optimism” with an emphasis on optimism: 74 percent of respondents saying the M&A market will strengthen over the next 12 months. Let’s dig into the survey and see what data from the Corporate Deal Tracker says, as well.
Texas Deal Frenzy Hits $76B as Consumer, Energy and Health Sectors Roar
The week ended Nov. 8 began with one of the largest deals in years, as Irving consumer products giant Kimberly-Clark acquired the manufacturer of Tylenol. Overall, CDT saw 21 deals with a total value of nearly $76 billion for the week ending Nov. 8. That and more in this edition of CDT Roundup.
P.S. — Pro Bono Work Helps “Level the Playing Field” for Veterans, Award Recipient Shares Ahead of Texas Veterans Legal Aid Week
Also in this edition of P.S., the Good Apple Dinner celebrated Shell USA’s Travis Torrence, who delivered an inspirational speech to “stand tall.” The event raised a record $745,788 for the nonprofit public interest law center. And Jackson Walker launched its first firmwide “6-1-1 Day of Service,” uniting all six offices to prepare thousands of meals for Texas families — an effort that took on added meaning amid the federal government shutdown.
Texas Business Court Sets Mavericks, Stars Dispute for January Jury Trial
The lawsuit over the franchises’ shared venue space at American Airlines Center in Dallas that was filed Oct. 28 has been set for a jury trial to begin before Business Court Judge Bill Whitehill Jan. 26. Lawyers said that type of speed is what they hoped to see from the new, specialty court.
Renewable Energy Company Files Ch. 11 to Restructure in Houston
Pine Gate Renewables and 78 of its affiliated businesses filed for Chapter 11 bankruptcy protection Thursday in the Southern District of Texas as the North Carolina-headquartered business “continues to engage in a competitive sales process with multiple interested parties to transition ownership of its solar and energy storage project fleet while preserving jobs and maximizing value.”
Reid Collins’ Complaint in GWG Bankruptcy was Roadmap for Heppner’s Indictment
Lawyers who spoke to The Texas Lawbook this week said that the complaint filed in February by the Reid Collins & Tsai-represented bankruptcy trustee for GWG Holdings was the Department of Justice’s roadmap to bring criminal proceedings against Bradley Heppner, the former chief executive officer of Beneficient.
Boeing Won’t Face Criminal Charges Over 737 Max Crashes
At a hearing in Fort Worth in early September, Chief U.S. District Judge Reed O’Connor heard testimony from some of the wives, parents, brothers and daughters of the 346 people killed in two Boeing 737 Max plane crashes who pleaded with him to reject the government’s request to dismiss the criminal case against the manufacturer. In Thursday’s order dismissing the case, the judge ruled that the government “has not acted with bad faith, has given more than mere conclusory reasons for its dismissal, and has satisfied its obligations under the [Crime Victim’s Rights Act].”
Freeman Resigns, Isgur Recused in GWG Holdings Bankruptcy
The flurry of activity in the GWG bankruptcy case comes just days after the former chief executive officer of the company’s subsidiary, Beneficient, Brad Heppner, was indicted by federal authorities in New York on charges of securities fraud, wire fraud, falsification of records and making false statements to auditors. The bankruptcy case will be assigned to a different judge in the Southern District of Texas, Chief Judge Alia Moses has determined.