Publications

From the Editors: Litigation Committee newsletter Autumn 2024

In this issue of the Litigation Committee newsletter, under the title of ‘A brave new world: managing litigation and teams in the digital age’, we dive deep into some of the most pressing topics facing disputes lawyers today. With the digital transformation accelerating, the ways we approach litigation, team management, and client service are being reshaped. We explore the potential of AI to enhance case preparation, manage data, and assist in predictive analysis. Our experts share insights on leveraging digital tools to enhance collaboration and foster a sense of unity, even when colleagues are dispersed across locations and time zones. We delve into best practices for securing sensitive data, protecting client confidentiality, and mitigating the risk of cyber threats. We also report on the excellent sessions from our Annual Litigation Committee Forum in Amsterdam in April 2024, and our webinar on litigating in China.

Released on Dec 02, 2024

Balancing efficiency and privacy: AI’s impact on legal confidentiality and privilege

The integration of AI into legal practice has raised concerns about maintaining client confidentiality and legal privilege. Whilst AI tools offer significant efficiency gains, they pose risks to the confidentiality that is fundamental to the legal profession. Public generative AI models may inadvertently store sensitive client data, creating potential breaches of legal obligations. The uncertainty surrounding whether AI-generated documents are protected by legal professional privilege complicates matters further. As AI usage grows, the legal community may need to adopt ethical safeguards, such as using secure, private AI systems and disclosing AI involvement in legal processes, to protect client information and uphold the integrity of the profession.

Released on Nov 29, 2024

Business email compromise: who bears the risk of liability?

In today’s digital age, business email compromise (BEC) has become a threat to businesses and individuals. BEC can be defined as ‘a criminal act where criminals illegally access an email account and communicate as if they are the user’. Courts globally have had to determine who becomes liable for the loss suffered in such instances. This article provides brief examples of how this issue has been dealt with in different jurisdictions.

Released on Nov 29, 2024

Fraud, phishing and duties of the bank

More and more, banks’ customers file judicial actions to hold the bank responsible for losses incurred when the bank has completed a payment request made at the request of third-party fraudsters instead of the ‘real’ customer. This article looks at how the Portuguese Supreme Court of Justice decided who should be held accountable in two recent cases, the first involving a case of phishing via text message and the second involving the misuse of an e-mail address belonging to the bank’s customer.

Released on Nov 29, 2024