AI’s Habit of Information Fabrication (“Hallucination”): Where’s the Human Factor? – Hugh Stephens

Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** New Hampshire Ethics Committee On Drafting Legal Documents with AI Despite repeated warnings from ethics committees, lawyers continue to make headlines for citing fake cases in legal briefs that were created by generative artificial intelligence. Most recently, attorneys from some of the largest law firms have been guilty of this transgression.  To be clear, these errors occurred because lawyers failed to review filings before verifying them and submitting them to the court. Regardless of who–-or what—prepares a document, you have an ethical obligation to carefully review it for accuracy.  So why does this keep happening? One key reason is that document drafting is an obvious legal use case for generative AI. According to the 2025 AffiniPay Legal Industry Report, 40% of the respondents who had adopted generative AI in their practices have…

It’s difficult enough to suffer the shock and pain of an injury car accident. The situation can get tragic if you lose a loved one that way. Then there is the outrage that follows when you learn that the accident didn’t have to happen except for the careless behavior of the at-fault party. Just when you thought the situation couldn’t get any worse, the insurance claim adjuster or lawyer denies your claim for a frivolous or even arbitrary reason. At some point, it becomes time to fight back. Profit is an insurance company’s bottom line Insurance companies are not charities. They are businesses, and they exist to turn a profit. They make money by accepting monthly premiums, and they spend money by paying claims. The moment you submit a claim, your interests become directly adverse to theirs. Don’t be surprised if the insurance company ignores your claim or tries to minimize its value. How to fight an insurance claim denial in Illinois An insurance…

When blogs first came out, the author might put a proverbial “Gone Fishing” message to let readers know that they’ve got on vacation. But with the rise of scams, some of us (ahem) just announce vacations AFTER we already had them. While I was away, I ended up pondering a few employment law issues and trying to make sense of it all without the press of work. I’ll have another post or two on some of those thoughts, but one such topic actually relates to vacation. There was a time a while ago where employers would just give employees, say 2-3 weeks off as vacation and call it a day. If someone needed to take a sick day, they could do that too. Then sometime more recently, employers started just using the concept of “paid time off” to track all such time (though schools and some industries were notable exceptions). Some even started moving to “unlimited PTO” with the notion that so long as employees were performing their…

E. coli outbreak sickened more than 80 people, but details didn’t surface Food safety inspections are being scaled back and the public was not notified after an investigation into E. coli contamination. By Stephanie Armour Colton George felt sick. The 9-year-old Indiana boy told his parents his stomach hurt. He kept running to the bathroom and felt too ill to finish a basketball game. Days later, he lay in a hospital bed, fighting for his life. He had eaten tainted salad, according to a lawsuit against the lettuce grower filed by his parents on April 17 in federal court for the Southern District of Indiana. The E. coli bacteria that ravaged Colton’s kidneys was a genetic match to the strain that killed one person and sickened nearly 90 people in 15 states last fall. Federal health agencies investigated the cases and linked them to a farm that grew romaine lettuce. But most people have never heard about this outbreak, which…

If the police arrest you in Maryland, you need to seek legal representation immediately. While you aren’t guaranteed “one phone call,” you will often have an opportunity to make a call. You may want to use that call to seek a lawyer, but if you call a relative, have them start looking for a criminal defense lawyer who can represent you. Even before you secure a lawyer, appeal to your future lawyer by telling the police you don’t want to answer any questions without a lawyer. Your Miranda rights The 1966 Supreme Court case Miranda vs. Arizona established that the police must issue suspects Miranda warnings before conducting a custodial interrogation. Anyone who has ever watched a TV police drama has heard it before: “You have the right to remain silent. Anything you say can and will be used against you…” The right to remain silent You don’t have to answer any questions from the police. If you do answer any questions, you can be…

Tuoya Saren (Emory University School of Law) has posted Legal Challenges of AI in NEPA Environmental Impact Assessment: Regulatory Pathways and Judicial Review on SSRN. Here is the abstract: The integration of artificial intelligence (AI) technologies into the preparation of Environmental Impact Statements (EIS) under the National Environmental Policy Act (NEPA) marks a significant shift in federal environmental review processes. This article critically examines the legal challenges posed by AI-assisted EIS production, focusing on compliance with NEPA’s procedural obligations and the evolving standards of judicial review. It identifies key risks stemming from the opacity, bias, and limited explainability of AI systems, which could undermine the “hard look” standard traditionally enforced under the Administrative Procedure Act (APA). Furthermore, the paper analyzes regulatory gaps created by the limited authority of the Council on Environmental Quality…

Ed. Note: We’re starting a new feature, kicking off the week with a collection of top stories from the prior week. It’s like our daily See Also, but for the week. So… See Generally. Paul Weiss Lawyers Jump Ship Before It Becomes the S.S. Giuliani: Top litigators leaving to form new firm free of Trump entanglements. Elena Kagan Drops Brutal New Diss(ent) Track: “But then, today’s order poses a puzzle” is the constitutional “Not Like Us” we needed. Kim Kardashian Earns Right To Complain About The Cal Bar Exam Too: Her legal education is complete… on to the test. Moral Bankruptcy Loves Company: Kirkland tried to herd the rest of Biglaw into its Trumpian embrace. Habeas Corpus Hocus Pocus: Noem asked to define basic legal principle and managed to make Sarah Palin look knowledgeable in the process. Biglaw’s MAGA Pivot Gets 1 Star: “Would Not Recommend”: Survey finds legal industry…

The following article is part of a series of reflections on the 2025 New Directions in Environmental Law Conference, also known as NDEL. On February 15, 2025, scholars, practitioners, students, and policymakers convened at Yale Law School to analyze changes and emerging issues in environmental law. The series covers the keynote speaker and each panel from NDEL, and is written by Student Reporter attendees. Student Reporters were guided by Alysia LeComte and Julianne Frey, NDEL Committee Members and 2L students at the Elisabeth Haub School of Law at Pace University.   Student reporters Maria Clara da Silva Fernandes and Shane Ardinger prepared this edited summary of the panel entitled ‘New Directions in the Law and Policy of Climate Migration’, featuring panelists Randall S. Abate, Assistant Dean for Environmental Law Studies & Professorial Lecturer in Law at George Washington University Law School; Monica Iyer, Assistant Professor of Law at Georgia…

Dentons Hong Kong has advised Xiamen Jihong Co., Ltd (SEHK: 02603) on its dual primary listing and the global offering of its H shares on the Main Board of the Hong Kong Stock Exchange. Xiamen Jihong

By Andrew J. Hull & JP Ellison —At our webinar earlier this month, we talked about Administration priorities as they relate to the FDC Act and noted that we expect much to remain the same with respect to enforcement.  One notable exception has been the Administration’s targeting of certain surgical procedures and the use of certain drugs for a particular intended purpose.  Specifically, these are procedures and drugs used in providing what HHS had, until recently, referred to as gender-affirming care.  The gray box at the top of the document at this link shows the change in position. We’re not trying to bury the lead here, but the battle of labeling these surgical and drug treatments is a political one.  The political battle went into gear on January 28, 2025, with an Executive Order titled “Protecting Children from Chemical and Surgical Mutilation.”  That EO contained instructions to the Department of Justice,…

Mental health injuries are becoming a growing concern in workplaces, including those in Southern Minnesota. Stress, anxiety, and other psychological challenges can have a significant impact on workers’ well-being, sometimes leading to conditions that qualify as workplace injuries. However, navigating workers’ compensation claims for mental health injuries is often complex. Understanding your rights and the legal framework specific to Minnesota is crucial in securing fair benefits. This guide will explore the key steps to filing a claim, common challenges workers face, and the resources available to assist you. Whether you’re an employee seeking support or an employer aiming to foster a healthier workplace, addressing mental health injuries is a vital step toward creating a more inclusive and supportive work environment. Overview Southern Minnesota’s Workers’ Compensation System Minnesota’s workers’ compensation system is designed to…

Ioanna Tourkochoriti (University of Baltimore School of Law; Harvard Law School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law) has posted LGBTQ WEDDING PARTY: CONSCIENTIOUS OBJECTIONS TO THE ENFORCEMENT OF ANTI-DISCRIMINATION LAW on SSRN. Here is the abstract: This article engages with cases that have recently emerged before courts related to conscientious exemptions in the enforcement of antidiscrimination laws regarding access to goods and services. The article proposes a rationale in favor of enforcing antidiscrimination law. Drawing on legal and normative principles, it argues that governments have a compelling interest in enforcing antidiscrimination law. It also analyzes the types of harm that discrimination in this area causes. The article distinguishes between primary and secondary expressive interests, arguing that regulation of secondary expressive interests is legitimate when manifested in the…

Understanding Your Rights After Unnecessary Surgery Undergoing surgery is a serious decision, often made with the belief that the procedure is necessary to improve your health. However, what happens when that surgery turns out to be unnecessary? Unfortunately, some patients in Pennsylvania fall victim to unnecessary surgical procedures, leading to physical, emotional, and financial hardships. Why Do Unnecessary Surgeries Happen? Unnecessary surgeries can occur for a variety of reasons. Sometimes, they result from a misdiagnosis or lack of thorough diagnostic testing. In other cases, medical professionals may recommend surgery without adequately considering non-surgical alternatives. There are even instances where unethical practices or financial incentives drive the decision to operate. The Impact on Your Life The consequences of unnecessary surgery can be profound. Physically, patients may suffer from surgical complications, infections, or long-term disabilities. Emotionally,…

[The move may be a pretext for blocking the church's plan to build a homeless shelter. If the town proceeds, it will face near-certain litigation under the federal and state constitutions.] Christ Episcopal Church, Toms River, NJ. (Christ Episcopal Church)  The New York Times reports that the town of Toms River, New Jersey is planning to use eminent domain to condemn a church, raze it, and build a park and pickleball courts on the spot. The planned condemnation may be motivated by a desire to prevent the church from opening a small homeless shelter on part of its land: Leaders of Christ Episcopal Church in Toms River, N.J., were preparing for a Cinco de Mayo festival late one night when the news began to spread: The mayor planned to use eminent domain to seize their church and its 11 acres of land. Under his plan, the church, which was founded in 1865, would be replaced by 10 pickleball courts, a soccer field and a playground with a nautical theme, according…

Editor’s Note: As we move toward the midpoint of 2025, the themes shaping this month’s Five Great Reads reflect a maturing yet increasingly turbulent digital landscape. The rise of generative AI continues to push boundaries—not only in what’s possible, but also in what must now be safeguarded. From the unsettling security disparities among top LLM providers to the growing weight of transparency obligations at the highest levels of governance, the stories we feature this month reinforce a common thread: trust, once assumed, must now be earned and continually maintained. The EU’s operationalization of the European Vulnerability Database signals a welcome step toward coordinated cybersecurity resilience, while Estonia’s bold declarations at Latitude59 remind us that digital leadership is no longer measured solely by economic size, but by strategic clarity and speed. At the same time, our industry research reveals how core processes like data…

Sick leave has become more than just a workplace benefit—it’s a critical protection for public health and worker well-being. In 2020, New York State passed a comprehensive sick leave law that applies to most private-sector employers and employees across the state.  Whether you’re an employee trying to understand your rights or an employer looking to stay compliant, this guide breaks down the essentials. Who Is Covered Under the Law? The New York State Sick Leave Law applies to the vast majority of private-sector workers. That includes: Full-time, part-time, seasonal, and temporary employees Hourly and salaried workers Undocumented workers, who are protected under labor law regardless of immigration status A few groups are exempt, such as federal employees and certain city employees covered under different systems. However, most workers in New York are entitled to some form of sick leave, and every employer is expected to comply,…

Photo by Kristu00f3f Sass-Kovan on Pexels.comBy Teagan Raffenbeul Light & Wonder, a manufacturer of automated card-shuffling machines, recently found itself at the center of high-stakes antitrust disputes. With active cases in both New York and Chicago, these proceedings have the potential to reshape the antitrust and arbitration landscape. Class Arbitration Approved in Case Against Light & Wonder In 2021, more than 100 casinos filed claims alleging Light & Wonder attempted to monopolize the automated card shuffling market. The casinos allege Light & Wonder used fraudulent patent claims to establish a monopoly on automated card shufflers, thereby excluding competitors and maintaining market dominance. Since these casinos have arbitration agreements with Light & Wonder, they are required to resolve any disputes exclusively through arbitration.  In a landmark decision, John Wilkinson, an arbitrator with the American Arbitration Association,…

Sigrid Vendrell-Polanco (St. Mary's University Law School) has posted Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, and Other Options for Suffrage (89 Brook. L. Rev. 563 (2024)) on SSRN. Here is the abstract: The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions and deep entanglement with the United States. Neither does it account for the…