Shayan v. Shakib: California Lawyers Continue to Hallucinate, and the Court of Appeal Doesn’t Care How

Horst Legal CounselAI, Appeals, Business Litigation

Just two weeks ago, we posted a summary of what was then the latest in a growing series of appellate cases dealing with AI-hallucinated citations. Already, however, it has lost its novelty. Earlier this week, Shayan v. Shakib became the most recent reminder of California lawyers’ responsibility for the accuracy of the material that they submit to the courts. It …

OneTaste v. Netflix: Court of Appeal SLAPPs risqué wellness company’s defamation suit over critical documentary

Horst Legal CounselAnti-SLAPP, Appeals, Business Litigation

When a business believes a documentary has crossed the line from criticism to defamation, the natural instinct is to “fight back” with a lawsuit. OneTaste Incorporated v. Netflix, Inc. is a sharp reminder that in California, anti-SLAPP and the actual malice standard make that a very steep climb—especially against a global streaming platform. In this published decision, the Second District …

How AI Tools Are Reshaping Litigation: Efficiency with Caution

How AI Tools Are Reshaping Litigation: Efficiency with Caution

Horst Legal CounselAppeals

The legal profession is undergoing a transformation, driven in part by artificial intelligence (AI). Tools powered by AI are now capable of assisting with tasks like legal research, document review, and even drafting initial pleadings. These tools offer significant benefits to lawyers, particularly in litigation, by improving efficiency and reducing time spent on repetitive tasks. However, the responsible use of …

In Critical Dormant Commerce Clause Case, Second Circuit May Be Poised to Split the Baby, Not Split the Circuits

In Critical Dormant Commerce Clause Case, Second Circuit May Be Poised to Split the Baby, Not Split the Circuits

Horst Legal CounselAppeals

On December 19, the United States Circuit Court of Appeals for the Second Circuit held oral arguments in Variscite NY Four, LLC v. New York State Cannabis Control Board, the latest front in an ongoing legal war over whether the dormant Commerce Clause (“DCC”) should apply to the state-licensed cannabis industry. With the caveat that reading the tea leaves of …

The Importance of Statutes of Limitations in California Civil Litigation

Horst Legal CounselUncategorized

People procrastinate. It’s in our nature. And, paradoxically, the bigger the project, the more we tend to put things off. This tendency becomes particularly problematic in the context of bringing a lawsuit in attempt to remedy harm that has befallen you at someone else’s hands. This is because all claims against third parties (in California and any other jurisdiction in …