Equity or Cash: Temptation & Risk for Lawyers

Sooner or later a startup lawyer will hear the suggestion that payment be postponed or waived in exchange for equity. What is the lawyer to do when the client cannot (or would rather not) pay and offers stock instead? On its face, taking equity looks like a practical solution. The client preserves cash, the lawyer … Read more

Science Fiction Cinema’s Lessons for AI Integration in Legal Practice

This article was originally published in the April 2025 issue of New Jersey Lawyer, a publication of the New Jersey State Bar Association, and is reprinted with permission. Recent developments, such as the California Bar’s 2024 guidelines on AI use in legal practice, underscore the urgency of challenges faced by law firms in balancing technological … Read more

Habeas Corpus: Constitutional Safeguard

As a former Deputy Assistant Attorney General for New York State who defended against habeas corpus petitions, I’ve witnessed firsthand how this ancient writ serves as the last line of defense for those challenging potentially unconstitutional imprisonment. What began as technical work evolved into a profound appreciation for habeas corpus as a cornerstone of American … Read more

Due Process and the Alien Enemies Act

In the realm of constitutional jurisprudence, few principles are as foundational as due process, a concept enshrined in the Fifth and Fourteenth Amendments of the United States Constitution. This bedrock principle, which prohibits government deprivation of “life, liberty, or property, without due process of law,” faces a significant test through the Trump administration’s novel application … Read more

The Rule of Law: Cornerstone of a Democratic Society

As I write this, the United States is navigating complex legal and governance challenges that test the boundaries of established rule of law principles. The recent transition of power following the 2024 presidential election has prompted renewed attention to questions about executive authority, regulatory frameworks and judicial independence. Legal scholars and policy analysts across the … Read more

The Case Against Anthropic and Claude AI

In August 2024, a class action lawsuit was filed against Anthropic PBC, a technology company recognized for developing advanced AI capabilities, notably its Claude family of large language models (LLMs). The lawsuit, spearheaded by authors Andrea Bartz, Charles Graeber and Kirk Wallace Johnson, accuses Anthropic of unlawfully utilizing copyrighted materials—specifically, a vast collection of pirated … Read more

ABA Formal Opinion on AI

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility has issued a formal opinion addressing the ethical considerations surrounding lawyers’ use of generative artificial intelligence (GAI) tools in legal practice. Formal Opinion 512, released on July 29, 2024, provides crucial guidance for attorneys navigating this rapidly evolving technological landscape. At the heart of … Read more

Isaac Asimov and the Ethics of AI

Isaac Asimov, renowned for his science fiction works, introduced the “Three Laws of Robotics” as cornerstone ethical guidelines for artificial intelligence. These laws have significantly shaped discussions on AI ethics, offering a conceptual framework that continues to influence our understanding of the moral challenges posed by advanced technologies. Asimov’s Three Laws state: These laws have … Read more

The AI Legacy of Fritz Lang’s Metropolis

When we delve into the history of artificial intelligence, we usually focus on the scientists and engineers who developed the algorithms and hardware that power modern AI systems. However, the cultural foundations that shape our understanding and approach to AI have roots in unexpected places. One such influential figure is Fritz Lang, the visionary Austrian-American … Read more

AI Training for Lawyers

AI and ethics can walk hand-in-hand. Ever pondered what role artificial intelligence might play in the legal landscape? As technology marches on, AI offers unique opportunities for legal professionals. But training AI isn’t all ones and zeros. Ethical, regulatory, and practical considerations abound. Training AI for legal tasks isn’t a walk in the park. It demands … Read more