• TECHNOLOGY
US – MASSACHUSETTS, TEXAS, CONNECTICUT
AI: Inevitable, but limited
Thomas H. Curran Managing Partner Thomas H. Curran Associates, LLC
Q1 How should parties seek and agree to ADR, and what advantages does your jurisdiction offer? ADR can be an excellent approach to litigation. It is generally faster and more malleable, allowing the parties more control and flexibility to participate in the process. Massachusetts is known for its mandatory ADR programs for civil actions pending in the trial court. Massachusetts appreciates the substantial advantages
“Don’t waive client-attorney
around its use. In September, the United Kingdom, the European Union, and several other countries signed the first legally binding international agreement to ensure that AI systems align with democratic values. The treaty focuses on protecting human rights, safeguarding democracy, and upholding the rule of law. One goal of the treaty is to encourage countries to consider the effects of AI on human health and the environment.
Commonwealth’s rendition of the Federal Arbitration Act (FAA). The Massachusetts Act mirrors the FAA in making pre- and post-dispute agreements to arbitrate “valid, enforceable and irrevocable,” except on the grounds of revocation or another competing and contradictory contract provisions. M.G.L.c. 251 section 1. Q2 Have you seen or do you expect to see a rise in the use of AI to discover infringements and actionable matters? It is unclear what function AI can serve competently investigating matters, actions, or infringements that attorneys and/or professional investigators typically handle. However, I am sure that AI will eventually become a useful tool in the process of discovering infringements and actionable matters. However, it is important to note that there have been recent global initiatives enacted to combat the abuse of AI and implement stricter parameters
privilege by submitting information to a robot.” Thomas H. Curran, Thomas H. Curran Associates, LLC
and benefits ADR offers, such as preserving judicial resources and
Thomas H. Curran has developed his practice over the past three decades, focusing primarily on bankruptcy and insolvency proceedings. He often represents secured and unsecured creditors, committees of creditors, trustees and equity security holders in bankruptcy and insolvency proceedings as well as financial institutions and other lenders in out-of-court loan restructurings, assignments for the benefit of creditors, foreclosures, repossessions, and the sale of distressed assets and businesses. He also has experience representing business debtors in workout, restructuring and bankruptcy matters.
reducing the number and length of case backlogs. In Massachusetts, parties may use ADR at any time period throughout the pendency of their proceedings. Massachusetts proposes several styles of ADR, including Court-Connected ADR, Housing specialists, and private ADR services. When deciding whether to participate in ADR, the fundamental question becomes whether the jurisdiction will enforce arbitration awards and agreements reached through mediation. Massachusetts, as a general rule, enforces arbitration awards. The Massachusetts Uniform Arbitration Act, M.G.L. c. 251, is the
+1 6172 078 670 tcurran@thcalaw.com irglobal.com/advisor/thomas-h-curran
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