Milgrom & Daskam Blog

Artificial Intelligence

Potential Issues and Liabilities of Using Generative AI for Legal Document Drafting 

In recent years, the legal industry has witnessed a significant transformation, with the integration of technology and artificial intelligence (AI) into various aspects of legal practice, and while it’s unlikely that AI will kill all the lawyers, one notable advancement is the use of large language models of generative AI to draft legal documents, even by non-lawyers. While this technology offers several advantages, such as increased efficiency and reduced costs, it also brings forth a host of potential issues and liabilities that both legal professionals and non-lawyers must carefully consider. In this article, we’ll explore these concerns and provide insights into mitigating associated risks.

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Business & Corporate Law

Oversold and Underwhelmed: Why the Ripple Decision Doesn’t Live Up to the Hype

If you follow the crypto space and read the headlines about the recent decision in SEC vs. Ripple Labs, Inc., you will be grossly disappointed by the delta between hype and reality. Crypto-promoters will tell you that Ripple “won,” that tokens are not securities, and that crypto can now go on to create the New Eden that will bring freedom and prosperity to everyone. Everyone except for the teeth-gnashing demons who work at the Securities and Exchange Commission, a.k.a. the Anti-Christ.

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Real Estate Law

Psychedelic Healing Centers in Colorado: Are Landlords Prepared?

In November 2022, Colorado voters approved Proposition 122, known as the Natural Medicine Health Act of 2022 (NMHA). This legislation decriminalized the personal use and possession of certain psychedelic substances, including psilocybin and psilocin mushrooms. Additionally, the NMHA established the legal foundation for healing centers – places where adults may consume and experience the effects of regulated natural medicines (such as mushrooms) under the supervision of licensed facilitators. Given the nascent stage of the psychedelic industry in Colorado, landlords and tenants to tread carefully in negotiating a commercial lease for space to be used as a healing center.

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Estate Planning

A Last Minute Marital Agreement is Not in Your Interest!

Marital agreements, often called “prenups”, can be tricky to navigate. Love is in the air, but that doesn’t mean you have to leave discussions regarding your marriage up in the air, also. Often clients will contact our firm with questions about marital agreements. Below are some tidbits for thoughtful consideration!

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Employment Law

Navigating Job Switches with an Eye Towards the Future

Landing a new job is an exciting day for anyone. New opportunities, new relationships, new challenges – all of these are exhilarating aspects of a new position. But one important item you may not be considering on your first day is your last day.

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Business & Corporate Law

Form D: What and Why

Form D is a notice filing to be made with the Securities and Exchange Commission (“SEC”) under Regulation D of the Securities Act of 1933, as amended (the “Securities Act”). Through required registration and detailed disclosure documents, the Securities Act aims to achieve two main objectives: (1) to require that investors receive financial and other important information about securities being offered for public sale, and (2) to prohibit misrepresentation and fraud in the sale of securities, both of which protect investors and the investment community. The Securities Act also, provides for exemptions from the lengthy registration requirements in the form of Rules 504, 506(b), and 506(c). The exemptions help alleviate the administrative burden of Securities filings and streamline the process for private companies to raise capital.

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Employment Law

When the Law Isn’t Colorblind: The Questionable Use of National Race and Sex Statistics to Reduce Tort Plaintiff Damage Awards

Generally, facial race classifications in the American legal system are exceedingly rare, and almost any attempt to differentiate litigants’ outcomes based solely on their race is met with the highest level of judicial scrutiny. But there is one area of the law– where the use of a party’s race and sex classifications is not only permitted, but routine: personal injury. It is now common practice for defendants to use national race and sex statistics to reduce the damages awards of female and BIPOC plaintiffs.

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Emerging Technologies

Depositing Cryptocurrency Assets: A Cautionary Tale on Clickwrap Agreements

Earlier this year, a bankruptcy court in the Southern District of New York issued a startling ruling in the bankruptcy case of In re Celsius Network LLC, et al., Case No. 22-10964 (MG). The dispute involved cryptocurrency owners who deposited their assets (such as stablecoins, non-fungible tokens (NFTs), central bank currencies, and security tokens) into Celsius’s “Earn Accounts” that allowed Celsius to use those funds to generate yields across various “on-chain” and “off-chain” investment strategies. At the time Celsius filed bankruptcy, there were more than 600,000 Earn Account holders affected. Their assets totaled approximately $4.2 billion.

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Artificial Intelligence

Will Artificial Intelligence Kill All the Lawyers?

A recent article in the New York Times reminded me that more than ten years ago, lawyers were considered an endangered occupational species as our livelihoods were the most at risk from advances in artificial intelligence (AI).
Has AI been reading Shakespeare’s Henry VI, Part 2, Act IV, Scene 2 and trying to kill us?
Maybe. But I confidently predict that many of us will survive.

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Business & Corporate Law

We Can See Your Priva…cy Policy

Just about every business client that we counsel maintains an active website. These help drive user engagement, deliver news and updates on interesting products, and drive significant new business. Depending on how the website is curated, however, that extra business may end up being for us greedy lawyers and not for our well-intentioned client.

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Intellectual Property

Intellectual Property Ownership Issues and Considerations 

Intellectual property ownership issues are quite common. Such ownership issues often arise when proper agreements are not in place from the very beginning of a business engagement. Without a written agreement, a third-party contractor or an individual hired to perform certain services may own intellectual property rights in any resulting work product. For this reason, it is important to have such agreements in place when engaging others to perform services on your behalf. The discussion below highlights common ownership issues and considerations for the various forms of intellectual property.

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Business & Corporate Law

Recent Crypto Enforcement Actions and the Brewing Battle Between Regulators for Jurisdiction Over Digital Assets

Readers of my last, irresistibly juicy blog post, “First-Ever Court Ruling Means Your Utility Token May Be an Unregistered Security,” know that the Securities and Exchange Commission (“SEC”) recently landed a blow against blockchain-based media company LBRY when a district court in New Hampshire held that LBRY’s native “utility token,” LBC, was an unregistered security.

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