Luke Thomas Joins BG Corporate Practice Group

We warmly welcome new partner Luke Thomas to our Corporate Practice Group. Luke has over 15 years of private practice experience handling both transactional and litigation matters, and joins us after serving as an Associate General Counsel at ASTEC Industries, a publicly traded, billion-dollar international heavy equipment manufacturer. In his new role, Luke is handling a wide range of transactional matters such as mergers and acquisitions, commercial real estate, banking and finance, commercial loans, commercial contracts, private equity, construction contracts and disputes, dealer agreements and disputes, land use and zoning, payment and performance bonds, and health care contracts. He routinely negotiates and drafts multimillion-dollar transactions and has extensive experience leading high-volume transactions.

Read the full announcement and learn more about Luke here.

42 Bailey Glasser Lawyers Named To The Best Lawyers in America & Best Lawyers: Ones To Watch 2024 Guides

Today we announce that 42 Bailey Glasser lawyers have been recognized across various categories (including one as a “Lawyer of the Year”) in the 30th edition of The Best Lawyers in America® and the fourth edition of Best Lawyers: Ones to Watch in America®.

“Lawyer of the Year” honors are awarded annually to only one lawyer per practice area in each region with extremely high overall feedback from their peers, making it an exceptional distinction.

For more, follow this link.

Bailey Glasser Announces New Leadership For Consumer Litigation and Corporate Practice Groups

Bailey & Glasser, LLP is pleased to announce the appointment of two longstanding firm partners to lead its national Corporate and Consumer Litigation practice groups. Jonathan S. Deem is the new Practice Group Leader of Bailey Glasser’s Corporate Group, and Patricia Mulvoy Kipnis our new Consumer Litigation Practice Group Leader.

Jonathan Deem is a partner in the firm’s Washington, D.C. office, where he leads the nationwide corporate team that handles mergers and acquisitions, financial services, corporate finance, tax, and entrepreneurial transactions, including venture capital. Among numerous recognitions, Chambers USA has recognized Jonathan since 2019, with one client stating that “Jonathan is the best I have ever worked with.” The Corporate Practice Group and lawyers on the team are also recognized by Chambers USA and the U.S. News and World Report’s “Best Lawyers” and “Best Law Firm in America.”

Patricia Kipnis is a partner in the firm’s New Jersey and Philadelphia offices where she leads the Consumer Litigation Practice Group. Ms. Kipnis is one of the firm’s leaders in challenging “Pay-to-Pay” and other “junk fees” imposed on consumers by mortgage servicers and other debt collectors through class action litigation in courts nationwide. The consumer litigation team has won several impactful cases, including lawsuits against major corporations such as Uber, Quicken, DISH Network, and mortgage servicers. Ms. Kipnis is also a Lecturer in Law at the University of Pennsylvania Carey Law School, and formerly taught at the Rutgers School of Law – Camden.

The new practice group leader appointments highlight Bailey Glasser’s emphasis on experienced leadership and collaborative teams. Read the full announcement and learn more about Jonathan Deem and Patricia Kipnis here.
#ConsumerLaw #CorporateLaw #FirmLeadership

Bailey & Glasser, LLP Adds Lawyer Mark A. Rota to its Corporate Practice Group in Washington, D.C.

July 10, 2023: Bailey & Glasser, LLP has added lawyer Mark A. Rota to its national Corporate Practice Group in the firm’s Washington, D.C. office, the firm announced today.

“We warmly welcome Mark Rota to Bailey Glasser,” said Jonathan Deem, the Corporate Practice Group Leader. “His experience and energy are welcomed to the team, and the combination of his corporate and government experience will be a wonderful asset to our clients.”

As part of Bailey Glasser’s Corporate Practice Group, Mark will assist clients on matters representing the full spectrum of business interests and industries, from solo entrepreneurs to multi-national corporations, from energy companies to government agencies and entertainment companies. Mark joins a dynamic corporate department that regularly represents corporations across the country in multi-million-dollar transactions, mergers and acquisitions, commercial contracting, business reorganization, and equity and debt financing.

Mark’s experience spans multiple industries including international dispute resolution, government administration, and political consulting. Prior to joining Bailey Glasser, Mark worked as in-house counsel for a large international biopharmaceutical company. He also has experience in international financial transactions, regulations in the equities and sovereign wealth markets, cross-border business negotiations, and corporate legal advising. Mark possesses a strong understanding of the political system, having worked in both local and federal government, and in government relations.

Mark is admitted to the bars of New Jersey, Pennsylvania, and Washington, D.C. He holds a dual J.D./Master of Arts in International Relations and Affairs from the American University, Washington College of Law, with a focus on international finance, business negotiations, and alternate dispute resolution. Mark also possesses a bachelor’s degree in sociology with a minor in finance from the University of Colorado.

For more about Mark, please visit here.

Client Alert: Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

Introduction

Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a user’s prompt, will turbocharge productivity and revolutionize business. Organizations in sectors ranging from banking to health care to journalism are already exploring integrating tools like OpenAI’s ChatGPT chatbot and DALL-E image generator into their workplaces.

These new tools should be approached with a great deal of caution as introducing generative AI into your business could create a complex minefield of legal risks. The technology raises significant dangers related to breaches of confidentiality and data privacy, intellectual property infringement, obligations to consumers, and liabilities for negligence, defamation, or discrimination related to the use of false or biased information.

Earlier in June, a Manhattan lawyer faced sanctions in federal court for filing a legal brief generated by ChatGPT which included several citations to nonexistent cases. After being scolded by the judge for relying on “legal gibberish” generated by AI, the attorney admitted that he had no idea that ChatGPT could fabricate cases. At a recent United States Senate hearing on the dangers of AI and potential regulatory safeguards, OpenAI’s CEO, Sam Altman, practically begged lawmakers to create a new AI regulatory agency that would license, test, and screen AI models. This is an unprecedented act by a tech leader. Around the world, authorities are eager to tighten regulations related to AI and changes may be on the horizon.

In this article, legal dangers related to the use of generative AI will be discussed in five specific areas: confidentiality and data privacy, intellectual property, obligations to consumers, false information, and bias and discrimination.

Generative AI and Gibberish

Artificial intelligence generally refers to technology that utilizes data to perform tasks typically done by humans, such as analysis, pattern-recognition, and prediction. One particular subset of AI technology—generative AI—is responsible for the current cultural and corporate metamorphosis. Of the fleet of emerging generative AI products, ChatGPT has grabbed the greatest share of headlines. AI developer OpenAI released the online chatbot in November 2022, with bankrolling from Microsoft. The company launched an update, GPT-4, in March 2023.

ChatGPT has impressed—and even stunned—with its ability to create unique content that sounds convincingly human. OpenAI’s system and rival tools from Google and Bing are what AI developers call “large language models” (LLMs). Using a huge library of text data that includes books, articles, research papers, blogs, and social media posts, LLMs are “trained” to decode, analyze, and produce language.These AI applications can process and respond to a user’s prompts in an instant. They’re capable of handling requests that are far more sophisticated than simple web searches.

For instance, ChatGPT will eagerly respond to an essay question on the Roman Empire, craft a Shakespearean sonnet about any subject, suggest improvements to computer code, or devise a reply to your mother-in-law’s email. Other popular generative AI models can design graphic art, replicate voices, produce songs, or even put together a rudimentary sitcom episode. Many of these new tools are widely available online and at no charge, or with a relatively modest subscription fee.

An Overview of Select Legal Risks

The power of generative AI technology is already transforming the workforce, and in ways we never could have imagined just a year ago. LLMs like ChatGPT are now instantly finishing certain research, analysis, writing, or administrative tasks that would take hours for a human employee to complete. However, the risks associated with implementing generative AI tools are extensive and demand careful consideration. We are continuing to monitor developing elements of these risks as they unfold.

Continue reading “Client Alert: Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software”

Bailey Glasser Awarded Top Rankings in Chambers USA 2023 and Achieves Nationwide Rankings in ERISA and Product Liability Litigation

Thank you to Chambers & Partners for our 2023 rankings, which includes two brand-new nationwide practice group rankings in the ERISA plaintiffs and Product Liability litigation categories. Having our lawyers and practice groups recognized by Chambers reflects how much we care about our clients and how hard we work to achieve successful outcomes for them.

We are grateful to all the clients and counsel (co-counsel as well as referring counsel) who took the time to participate in the process. Your time is valuable and we take that seriously. We appreciate you.

For a detailed overview of this year’s rankings, please visit here.

Selling Your Amazon Business? Not So Fast!

Jeff Craven

The 1970s rock band The Eagles had a verse in their hit Hotel California: “You can check-out anytime you’d like, but you can never leave.”

While Amazon sellers do not face quite the same predicament envisioned by the Eagles, you may feel a bit like you’re trapped in your own “Hotel California” because selling your Amazon business is not a simple process.

Your Amazon Services Business Solutions Agreement (“Agreement”) mandates that “You may not assign this Agreement, by operation of law or otherwise, without our prior consent.” Amazon is well known for not granting consent, at least not with any sense of urgency. You are, however, permitted to assign your rights and responsibilities under the agreement to an Affiliate, (any other entity that is under common control with the Amazon Seller) so long as you remain liable for obligations that arise prior to the assignment.

But if your proposed buyer is not an Affiliate – and they rarely are – you could conclude that the Agreement leaves you without control of your destiny. Not so. Continue reading “Selling Your Amazon Business? Not So Fast!”

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