The Linklaters Podcast

AI-washing – the latest developments and how to mitigate the risk // Litigation, Arbitration and Investigations

Episode 6: Leading Questions

As AI rapidly develops, it brings with it the risk that firms might be accused of ‘AI-washing’: ‘overselling’ their AI’s capabilities, for example to boost sales or reputation or to raise capital.  With attentive regulators and well-funding claimant lawyers, this risk must be managed carefully.

In this episode we define AI-washing and give some emerging examples of it.  We look at the key civil and regulatory risks.  We draw some lessons from recent and cutting-edge US and UK regulatory and enforcement action.  And we finish with practical tips about ways you might address this risk in your own businesses.

This episode features Doug Davison (partner, Washington D.C.), David Thomas (partner, London) and Duncan Campbell (senior associate, London).

For more AI insights visit our webpages on AI and Contentious AI and check out our AI toolkit.

Listen to all episodes in the series on our dedicated webpage.

 

Compulsory Mediation and what the recent Court of Appeal judgment means for those managing litigation // Litigation, Arbitration & Investigations

Episode 4: Leading Questions

Episode 4 provides a deeper dive into Compulsory Mediation and the recent Court of Appeal case Churchill -v- Merthyr Tydfil [2023] EWCA Civ 1416.  We provide our thoughts on the issues and key practical takeaways for those managing litigation in the UK. 

To listen to all episodes in this series, visit our Leading Questions webpage.

The duties of directors when a company is bordering insolvency, developments in the mediation sphere and how generative AI is impacting legal practice // Litigation, Arbitration & Investigations

Episode 3: Leading Questions

In the third episode, Greg Wloch, Jane Larner, Madeline Chan, Clara Tung and James Phoenix discuss directors duties to consider the interests of creditors when a company is bordering insolvency, the recent developments in the sphere of mediation and how generative AI is beginning to impact legal practice.

To listen to all episodes in this series, visit our Leading Questions webpage.

Electronic signature – enforceability under Indonesian Law // Litigation, Arbitration & Investigations

This podcast series is curated by our association firm in Indonesia, Widyawan & Partners.

Episode 1: Regulatory Developments in Indonesia – a Multi-Sectoral Highlight

Electronic signature has now been widely used in Indonesia owing to, among other things, the adaptation of remote working following the pandemic. Wet signature was never a requirement to create a binding contract but would certainly be helpful to establish its existence in a contentious situation. In this episode, our Litigation, Arbitration and Investigations partner, Narendra Adiyasa and managing associate, Tengku Almira Adlinisa will discuss the risk for challenges associated with agreements bearing electronic signature, the additional evidentiary burden it may create and the potential defence.

To listen to all episodes in this series, visit our Regulatory Developments in Indonesia – a Multi-Sectoral Highlight.

The Quincecare duty in APP fraud cases, Climate Change Litigation and Data Privacy class actions // Litigation, Arbitration & Investigations

Episode 2: Leading Questions

In the second episode, Christa Band, Mike Munk, Rebecca Burton, Faye Presland, Elenor Parkhouse and Sadie Buls discuss the Supreme Court’s recent refusal in Phillipp v Barclays Bank to extend the Quincecare duty in APP fraud cases, the recent ClientEarth v Shell climate related derivative action case, and the latest data privacy class action claim struck out by the High Court.

To listen to all episodes in this series, visit our Leading Questions webpage.

The Mariana Dam case and more // Litigation, Arbitration and Investigations

Episode 1: Leading Questions

In the first episode, Christa Band, Gavin Lewis, Elenor Parkhouse, James Bowen and Stephen Lacey discuss the the surprising decision of the Supreme Court in relation to the Mariana Dam case and what it means for the future of collective redress in this country; sanctions and the perils of a tickbox “reasonable belief” defence as highlighted by Celestial Aviation; the extraordinary Al Sadeq case and whether a non-party to litigation can claim litigation privilege and a financial services supplement about changes to the Bank of England and Prudential Regulation Authority’s enforcement process and policies.

To listen to all episodes in this series, visit our Leading Questions webpage.