Intellectual property law
fromAbove the Law
32 minutes agoIt's Not An AI Hallucination - It's Lazy Editing Of A Human Paralegal - Above the Law
AI hallucinations are often the result of human error rather than technology failures.
Skillz alleges that Papaya misrepresented its games by using bots, which created unfair competition and caused damages amounting to hundreds of millions of dollars. Skillz's attorneys argue that the company's financial decline is directly linked to Papaya's actions, claiming that had Papaya disclosed its use of bots, it would not have been able to capture Skillz's customers and market share.
Leaving Wachtell wasn't an easy decision - it's one of the great law firms in the world, and I learned an enormous amount there. But it wasn't about leaving something behind; it was about being intentional about what came next.
The legal profession rewards endurance, precision and control. It also quietly normalizes stress, isolation and overextension. For patent practitioners and other IP lawyers, the pressures are uniquely acute: compressed prosecution deadlines, high-stakes litigation exposure, often unrealistic client-driven budget constraints, regulatory whiplash at the U.S. Patent and Trademark Office (USPTO), and increasingly complex technologies layered with global filing and prosecution strategy.
Leading legal departments are shifting from reactive negotiation to proactive pricing design, setting guardrails before rates are proposed rather than responding after the fact. This approach enables departments to establish parameters and expectations upfront, fundamentally changing the negotiation dynamic and improving outcomes.
They don't drive it. They don't manage it. They don't control it. They let it control them. And then one day, they look up and realize discovery closed last week, the client is asking why nobody has taken the key depo, the adjuster wants a status report "by the end of the day," and the partner is asking the question that makes your stomach drop: "Where are we on this file?"
You're getting ready to make a document production to the other side. You're worried though that the other side may use GenAI tools on the documents that don't ensure they are protected from public disclosure. You ask to see the other side's policies just to be sure. They refuse. You ask the judge for a protective order since some of your documents contain trade secrets.