Apr 27, 2023

Generative AI in law: A new survey of lawyers’ perspectives and plans

Have you recently heard the term “ChatGPT” or “generative AI” and wondered what they were? Or maybe you have a general sense of what this technology is and what it does. But are you using it in your day-to-day workflow? If the answer is “no,” according to a recent survey, you’re not alone. Earlier this […]

Apr 21, 2023

What Are Red Flag Laws?

Red flag laws are back in the news with a $40 million lawsuit filed by a Virginia teacher who was shot earlier this year by one of her students. Abigail “Abby” Zwerner, a first-grade teacher at Richneck Elementary School in Newport News, Virginia, was shot and seriously injured by a 6-year-old student in January. Now, Zwerner […]

Apr 21, 2023

Donald Trump and the dying art of the courtroom sketch

For the first time in its history, The New Yorker featured a courtroom sketch on its cover. The image, which appears on its April 17, 2023, issue, gives viewers a glimpse of a historic court proceeding that could not be captured by cameras: the arraignment hearing of Donald Trump two weeks earlier. Because Trump is the […]

Apr 20, 2023

Rosen & Smith: Accountable Care Organizations changes for 2023

In November 2022, the Centers for Medicare and Medicaid Services (CMS) issued the Calendar Year 2023 Physician Fee Schedule final rule.  The final rule includes proposed changes to various Medicare Shared Savings Programs (SSPs). SSPs are voluntary programs that encourage groups of providers to come together in Accountable Care Organizations (ACOs) to deliver coordinated care […]

Apr 18, 2023

Retiring? If you need a home loan, get one first

Retired engineers Kelly and Derek Barkey assumed they would be approved when they applied for a $50,000 home equity line of credit two years ago to fix up their new house. The Barkeys, now 56 and 59, had just sold their longtime home in Southern California and paid cash for a house worth about $850,000 […]

Apr 18, 2023

Fair use and the fourth estate

April must be copyright month.  Those who follow copyright, photography and the free press will have their interests piqued by the Southern District of New York’s holding of fair use as a defense to infringement involving the events of January 6, Fox News and a freelance photographer who, on January 6, was at the Capitol and filmed the activities. 

Apr 14, 2023

Abortion battle playing out at the state level

The battles over abortion – who can get one, when they can get one – largely shifted from a focus on the U.S. Supreme Court back to state lawmakers and judges in June 2022. That’s when the Supreme Court ruled that there was no federal constitutional guarantee of the right to get an abortion. States, they said, […]

Apr 14, 2023

State policy can drive sustainable transportation system

Drivers are the heart of Lyft. Right now, they are showing us the future of our business — and it’s electric. On our platform, we saw trips in electric vehicles increase by over 90% last year, outpacing even the rapid growth of electric vehicle adoption across the U.S. and in Maryland. Drivers with Lyft see […]

Apr 12, 2023

‘Present recollection refreshed or revived’

“Present recollection refreshed or revived” is the use of a [email protected],  object, or devise to refresh a witness’s recollection so that the witness can testify in court about prior events from present recollection (Md. Rule 5-612 and FRE 612). The circumstances enabling a witness to refer to notes while testifying for purposes of refreshing recollection […]

Apr 7, 2023

Construction industry under increased scrutiny for sex discrimination claims

It’s no surprise that women are underrepresented in the construction industry. The latest statistics published by the U.S. Bureau of Labor Statistics reveal that women make up about 10 percent of the workers in the industry. Employers in the construction industry have made significant progress toward creating safe and productive workplaces, but the lack of […]

Apr 7, 2023

Overcoming the cult of Section 230

It is unusual for a clause in an act of Congress to develop a cult following, but Section 230 of the 1996 Communications Decency Act has. The clause explicitly says that the internet should not be treated like print or broadcast media, which means internet platforms do not bear any liability for third-party content. This […]

Apr 7, 2023

In praise of Section 230

The hotly debated Section 230 is again under the scope of the Supreme Court as the court recently heard oral arguments in Gonzalez v. Google LLC. The plaintiff, Reynaldo Gonzalez, whose daughter was killed in a 2015 Paris terrorist attack, is seeking to hold Google’s YouTube liable for its algorithms allegedly recommending ISIS recruitment videos. This […]

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