Month: April 2026
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New AI Cases Add to Mediation Confidentiality “Can of Worms”
By Leslie King O’Neal Does Using Generative AI Tools Waive Attorney-Client or Work Product Privilege? Two recent cases came to different conclusions on whether a user’s generative AI interactions were protected by attorney-client or work product privilege and were subject to discovery. In U.S. v. Heppner[i] a New York district judge held a criminal defendant’s
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AI in ADR Roundup
By Leslie King O’Neal This post is a “roundup” describing some new AI tools and some ideas for using them in your practice. AI is everywhere these days, including in ADR. New tools, new platforms, new cases and issues pop up faster than mushrooms after a rainstorm. It’s dizzying trying to keep up with these
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How Do Arbitrators Determine Delay & Damages Quantum?
By Andrew Ness At the most recent Construction SuperConference, I was honored to speak on a panel titled: “Insights from Arbitrators and Advocates on Providing Alternative Delay and Damages Quantum.” When asked whether the Respondent should provide its own delay and damages analyses, my answer was “pretty much always.” Then the question turned to “how
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