Category: Practice of Law

Treat Your AI Like an Opposing Expert: Rule 702 Lessons for Evaluating AI Output

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Attorneys using generative AI can borrow a familiar litigation skill: Evaluate AI-generated output the way they would evaluate an opposing expert witness opinion under Federal Rule of Evidence 702. An expert witness cannot simply “waltz into the courtroom and render opinions” without adequate foundation. Clark v. Takata Corp., 192 F.3d 750, 759 n.5 (7th Cir. 1999). Nor can an expert bridge the gap between data and conclusion with nothing more than ipse dixit — the expert’s own say-so. Gen. Elec. Co. v. Joiner, 522 U.S. 136, 146 (1997).

Rule 702 imposes that discipline directly. It requires expert testimony to be “based on sufficient facts or data,” be “the product of reliable principles and methods,” and reflect “a reliable application of the principles and methods to the facts of the case.” So, when an opposing expert offers an opinion, a litigator’s instinct is not to accept it but to probe its basis and reliability.

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Significant Drug & Device Developments of 2025

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As we welcome the new year, it is time to reflect on some of the most significant legal developments in the drug and device space in 2025.

1. Navigating a New Skepticism in Science

Not long ago, the average American likely could not name the U.S. secretary of health and human services. Yet, following this year’s change in administration and major shakeup in the regulatory landscape, skepticism in science has become the elephant in the room for anyone working in the drug and device sphere. Practitioners should start thinking about how to present scientific evidence to juries in 2026 as the old norms may no longer apply.

Read the full article on the Faegre Drinker website.

You Can Buy Me Dinner, But Don’t Expect to Choose My Entrée: Motion to Disqualify for Non-Party Litigation Funding Conflicts of Interest

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You can pay for the dinner, but you cannot pick when, where or what we’re eating. At least that’s what a Magistrate Judge in the District of New Jersey decided last week in Harish v. Arbit, No. CV 21-11088-EP-AME, 2025 WL 354434 (D.N.J. Jan. 31, 2025), a patent dispute that resulted in the disqualification of two law firms from representing two defendants because the defense was funded, at least in part, by a non-party with an interest in the patent.

Adversarial Standing

Plaintiff maintained that defense counsel violated N. J. Rule of Professional Conduct 1.8(f) when they represented defendants and a non-party payer. The Court held that the plaintiff, as an adversary, had standing to raise a potential conflict of interest and bring a motion to disqualify. While the Court noted that the Third Circuit had not ruled on the issue directly, “this District has held that ‘[a]dversaries, as well as former clients, may raise conflict of interest concerns.’”

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A Change Is Gonna Come — Amendments to California Summary Judgment and Summary Adjudication Procedures Take Effect January 1, 2025

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Those who litigate in California state courts, take note: Changes are coming to the state’s summary judgment statute for the first time in 20 years. Assembly Bill 2049 (AB 2049), signed into law this summer, introduces logistical changes and clarifications to the summary judgment process that attorneys should be aware of before the law takes effect on January 1, 2025.

First, AB 2049 will change the notice period — and thus the timing — of summary judgment and summary adjudication motions. Code of Civil Procedure section 437c prescribes the timeline for summary judgment and summary adjudication motions. Under the longstanding statute: notice of a summary judgment or summary adjudication motion and supporting papers needed to be served at least 75 days before the hearing, oppositions were due at least 14 days before the hearing, and replies at least five days before the hearing.

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Tort Reform Comes to Florida

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The new law should limit the overall tort liability confronted by all types of companies and individuals who find themselves facing a lawsuit in Florida. This update focuses on the changes for statutes of limitation, comparative negligence and the admissibility of evidence of medical charges at trial. Florida courts will undoubtedly see many challenges to the new law over the next few years.

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