Category: artificial intelligence
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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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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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Move Over, AI Arbitrator! AAA Introduces AI “Resolution Simulator”
By Leslie King O’Neal Designed for One Party Use in Documents-Only Construction Cases Unlike the AI Arbitrator, the Resolution Simulator is designed for one party use in documents-only construction cases. The user submits relevant documents and information about the dispute to the Simulator, which provides a summary for the user to review and approve. After…
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Three Construction Arbitrators Discuss “Sticky” Issues in Arbitration
By Leslie King O’Neal The Alabama Bar Construction Section 12th Annual Construction Law Summit is in the books. I was pleased and honored to be on a panel with my old friends (and experienced arbitrators), Allen Gibson[i] and Harper Heckman.[ii] We discussed a variety of common “sticky” issues that we’ve seen in arbitrations—everything from AI…
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“Deepfake” Evidence Is in the Courts—Is Arbitration Next?
By Leslie King O’Neal What are “Deepfakes?” “’Deepfakes’ are videos or images where a person’s face, body or voice has been digitally altered so they appear to be someone else, typically used maliciously or to spread false information.”[i] The rapid development of generative AI tools in the past few years made it much easier for…
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Tips on Maximizing Arbitration Efficiency
By Leslie King O’Neal Improving Arbitration Efficiency: Tips from the 14th AtlAS Conference Arbitration is touted as an efficient, cost-effective dispute resolution method, but some complain it’s not meeting these goals. Do arbitrations take too long and cost too much? Why does it take one or two years to build a bridge, but three or…
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