Must a Lawyer Disclose Generative AI Use to Their Client? It Depends, but the Answer is Getting Clearer.
August 9, 2024
by Devin R. Bates
In a recently published ABA ethics opinion, the American Bar Association takes the position that a lawyer “must consider” whether they have a duty to disclose GAI use to their client, and concludes that lawyers “may tell clients how they employ GAI tools.” The opinion acknowledges that “[t]he facts…
ABA Addresses Lawyer Generative AI Use: Key Takeaways from ABA's Latest Ethics Opinion
August 5, 2024
by Devin R. Bates
The American Bar Association (“ABA”) recently issued Formal Opinion 512, providing essential guidance for lawyers and law firms using Generative AI (“GAI”) tools. As we have written about previously, when lawyers employ GAI tools we must do so with ethics at the forefront. As technology continues…
What Can You Get When You Sue for Trade Secret Violations?
June 4, 2024
by Devin R. Bates
Arkansas has adopted the Model Uniform Trade Secrets Act with some modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq. The AUTSA provides that a party seeking to enforce trade secret claims can seek the…
Are Attorneys Fees Recoverable When Suing on Trade Secret Claims?
May 28, 2024
by Devin R. Bates
Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case. As we have discussed in prior blog posts on the subject, trade secret claims are often brought alongside a variety of employment and…
Are Certain Claims Prevented When Bringing a Trade Secret Claim?
May 21, 2024
by Devin R. Bates
Are certain claims prevented when bringing a trade secret claim? Yes. Generally speaking the Arkansas Uniform Trade Secrets Act (AUTSA) displaces conflicting tort, restitutionary, and other law concerning the misappropriation of a trade secret. However, a plaintiff seeking to protect trade secrets…