When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value Paradox
January 01, 2026
The Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.
“Shadow AI”: The Hidden AI You Already Have
January 01, 2026
Many law firm leaders insist that artificial intelligence has no place in their businesses; however, common applications employed daily may be using AI without them knowing. This phenomenon, often referred to as “shadow AI,” highlights a growing risk for firms that have yet to develop comprehensive governance strategies for artificial intelligence.
Courts Carve Out Boundaries for What Are Viable Legal Claims Under Federal Digital Music Statutes
January 01, 2026
There are two key federally created entities whose mission it is to issue licenses and collect royalties on behalf of rights holders for digital transmissions of music: SoundExchange and the Mechanical Licensing Collective (MLC). This article reports on recent court rulings over whether the plaintiffs had viable causes of action related to SoundExchange and MLC royalty payments.
Fifth Circuit Trashes Bankruptcy Jurisdictional Overreach
January 01, 2026
Sanchez shows the limits of bankruptcy jurisdiction in concrete terms. In the court’s hard-hitting analysis, the decision should at least convince bankruptcy courts to avoid hearing most post-confirmation and unrelated third-party disputes.
Court of Appeals Rules on 'Good Guy' Guarantees
January 01, 2026
The Court of Appeals reversed a line of lower court cases which had upended the expectations of innumerable contracting parties who bargained for limited “good guy” guaranties.
Commercial Real Estate Loan Workouts and Right-Sizing
January 01, 2026
Part One of a Two-Part ArticleToday’s commercial real estate market is in distress and has been, across a variety of asset classes, for several years. The reasons are well known. The options for the loan in distress are somewhat well known. They are becoming less mysterious day by day. These more traditional options will be described in the first installment of this article below.
