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Milgrom & Daskam Blog
Artificial Intelligence

Use of Artificial Intelligence Defeats Attorney-Client Privilege

The use of artificial intelligence tools such as ChatGPT, Claude, and Perplexity has infiltrated most workplaces, and the legal profession is no exception. Addressing a “question of first impression nationwide,” Judge Rakoff issued a decision of the Southern District of New York in United States v. Heppner has wide-ranging implications for both legal counsel and their clients.

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Jason Fisher April 14, 2026
Business & Corporate Law

The Hidden Risk of Asking Your Lawyer for a “Standard Form”

A common request transactional lawyers hear sounds something like this: “Can you just send me a standard form? We’ll fill in the details.” It’s an understandable instinct. Forms feel efficient. If the deal is straightforward and time is limited, starting with a template—and handling the revisions internally—can seem like a practical way to save time and cost. But that approach carries more risk than many business teams realize.

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John Daskam March 27, 2026
Health Law

Demystifying Informed Consent & Patient Registration

Informed consent reflects the legal proposition that patients have the right to make decisions about their care and treatment on sufficient, reliable, and meaningful information. Ideally, informed consent should be arrived at via a collaborative and interactive process between a healthcare provider and their patient(s), with plentiful opportunity for patient questions and discussion.

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Matt Fowls March 23, 2026
Artificial Intelligence

Trademark Trouble in the Age of Generative AI: When AI Outputs Create IP Liability

Generative AI systems can now produce sophisticated images, videos, text, and audio in seconds. But as these systems improve, they increasingly raise a difficult legal question: what happens when an AI model generates content containing someone else’s intellectual property – especially recognizable brands, logos, or fictional characters?

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Michael Callahan March 12, 2026
Intellectual Property

Important Considerations for Assessing the Likelihood of Confusion of Trademarks with Foreign Terms

To determine whether a trademark is registrable or whether it infringes the trademark rights of a senior trademark owner, the U.S. Patent and Trademark Office (“USPTO”) and courts, respectively, weigh various factors, called the “du Pontfactors,” to assess whether a likelihood of consumer confusion exists between the trademark and another mark, i.e., whether consumers would confuse the goods and/or services provided under the respective marks as coming from the same source.

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Laura Marmulstein February 13, 2026
Health Law

SB 25-041 Concerning Consumer Protections in Transactions Involving Medical Care Entities.

Colorado’s 2026 legislative session is now underway, with several key bills introduced affecting healthcare providers and facilities. One bill that should be top of mind for healthcare stakeholders is SB 26‑041, concerning Consumer Protections in Transactions Involving Medical Care Entities (“SB 41”). If passed, SB 41 would have substantial impacts upon Colorado’s healthcare transaction landscape.

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Matt Fowls February 12, 2026
Emerging Technologies

Law Firms Are Not Dead Yet! (But the billable hour might be close)

Almost three years ago, I wrote a blog post for our firm entitled “Will Artificial Intelligence Kill All the Lawyers?” The premise of the post was that, for more than ten years at the time (now thirteen), lawyers were considered the most likely endangered species from advances in artificial intelligence. Given the increasing discussion about AI today, the time seems right to revisit that original prediction.

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Charles Knight February 3, 2026