Author: Leslie O’Neal
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How Should Arbitrators Deal With “Excess Evidence” and “Unreliable Evidence?”
By Leslie King O’Neal Hinkes v. Sunera Technologies, Inc.–Is “Excess Evidence” Grounds to Vacate Award? Sarah Hinkes sued her employer, Sunera Technologies, and two employees for alleged discrimination that violated federal statutes.[i] The lawsuit was stayed pending arbitration. The arbitrator ruled in the employer’s favor and the trial court confirmed the award. Hinkes moved to…
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ABA Forum on Construction Law: Books On Sale Now
By Leslie King O’Neal Just in Time for Summer Reading–All Books 20% Off until June 4, 2026 One of the Forum’s best kept secrets is that Forum members can purchase all books at a 20% discount for a week or so before and after each major meeting (mid-winter meeting, annual meeting, fall meeting). This is…
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Memorial Day & National Moment of Remembrance
By Leslie King O’Neal Honoring Those Who Made The Ultimate Sacrifice Our debt to the heroic men and valiant women in the service of our country can never be repaid. They have earned our undying gratitude. America will never forget their sacrifices.” — Harry S. Truman, 33rd U.S. President, 1945 History of Memorial Day Originally known as…
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Looking Back, Looking Forward: Lessons from the Last 50 Years
(And Resources for Construction Lawyers) By Leslie King O’Neal Looking Back: Construction Projects and Construction Law Over 50 Years Last week the ABA Forum on Construction Law celebrated its 50th anniversary by presenting a two-day program on Lessons Learned from the Last 50 Years on Project Execution and Claims Management. Nine plenary sessions covered topics…
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Law Day 2026: King Charles III, the Magna Carta and the Rule of Law
By Leslie King O’Neal Happy Law Day! May 1 is “Law Day,” honoring the “Rule of Law” in the United States. President Dwight D. Eisenhower established “Law Day” in 1958 to celebrate the rule of law in a free society.[i] The American Bar Association and many state and local bar associations mark the occasion with…
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Guide to Evaluating AI-Generated Evidence
By Leslie King O’Neal AI-Generated Evidence is Here Arbitrators (and judges) depend on the evidence presented to decide disputes. Until recently, most evidence was documentary (paper or photographs) or testamentary (witness testimony, either live or recorded). Some construction lawyers remember digging through bankers’ boxes of project records and tagging them with sticky notes for copying.…
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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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