Risks of Using an AI Chatbot for Legal Advice: Lessons from United States v. Heppner
April 08, 2026 —
Payne & Fears LLPImagine that you are an executive (who is not a lawyer) and are concerned about what your company plans to do is legal. You could call your lawyer who might bill you for the call. Or, you can ask your AI chatbot, such as Claude or ChatGPT, about the legal risk. The chatbot will likely compliment you on the incisive question, provide you with highly confident answer (that may or may not be right) and will not bill you on an hourly basis.
That is essentially what financial services executive Bradley Heppner did. It did not end well. A federal court recently ruled that Heppner’s chats with the AI tool Claude were not protected by attorney-client privilege or the work-product doctrine. That means that the other side (in this case, the federal government) could get access to his chatbot prompts, uploads and responses, and learn a great deal about, for example, whether Heppner knew what he was doing was illegal.
Read the full story...Reprinted courtesy of
Payne & Fears LLP
Real Estate & Construction News Roundup (10/29/25) – Office Market Bounces Back, Senate Passes ROAD to Housing Act, and CRE Embraces Blockchain
November 03, 2025 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, lab space real estate faces challenges, demand for data creates power brokers, the cost burden of sports stadiums, and more!
- The U.S. office market is bouncing back, entering a growth cycle after years of fighting vacancies. (Joe Burns, Construction Dive)
- Cities eager to tout privately financed sports stadiums are still spending big through tax breaks, land deals and public financing that shift costs back to taxpayers. (Vicky Uhland, Construction Dive)
- The Senate passed a bipartisan bill on October 9 that aims to boost the nation’s housing supply with a wide range of methods. (Julie Strupp, Multifamily Dive)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
No Cross-Complaint Needed: Contractor Can Fight Co-Defendant’s Summary Judgment
October 21, 2025 —
Keith E. Smith - Wood Smith Henning & Berman LLPIn a decision of first impression, the California Court of Appeal in RND Contractors, Inc. v. WRSE (2025) 112 Cal.App.5th 697, clarified whether a co-defendant may oppose another defendant's motion for summary judgment without having first filed a cross-complaint. The case arose from the collapse of a high school gymnasium during construction, leading to negligence, wrongful death, and premises liability claims against the project participants. The court held that "any adverse party" may oppose another party's motion for summary judgment, even if the Plaintiff does not oppose the motion and there is no cross-complaint filed by the co-defendant opposing summary judgment.
This ruling resolves a novel procedural question which had not been addressed by any Court of Appeal in California to date.
Read the full story...Reprinted courtesy of
Keith E. Smith, Wood Smith Henning & Berman LLPMr. Smith may be contacted at
kesmith@wshblaw.com
Top 10 Insurance Cases of 2025
January 26, 2026 —
Jeffrey J. Vita, Michelle A. Grieco, Kiley Stackpole - Saxe Doernberger & Vita, P.C.The insurance landscape continues to evolve, shaped by litigation that tests the limits of policy language, coverage obligations, and public policy considerations. In 2025, courts across the country issued several significant rulings that will influence how insurers and policyholders navigate claims and risks. Notable trends in 2025 include disputes over property coverage for wildfire and smoke damage, the treatment of interrelated claims under successive D&O policies, enforcement of arbitration clauses in international insurance contracts, and general liability coverage issues—such as construction exclusions for phased projects and limits on coverage for losses tied to the opioid crisis.
This publication spotlights the top insurance cases of 2025, highlighting their legal reasoning, practical implications, and impact for policyholders—plus a look ahead at key cases to watch in 2026.
Reprinted courtesy of
Jeffrey J. Vita, Saxe Doernberger & Vita, P.C.,
Michelle A. Grieco, Saxe Doernberger & Vita, P.C. and
Kiley Stackpole, Saxe Doernberger & Vita, P.C.
Mr. Vita may be contacted at JVita@sdvlaw.com
Ms. Grieco may be contacted at MGrieco@sdvlaw.com
Ms. Stackpole may be contacted at KStackpole@sdvlaw.com
Read the full story...
CARB Issues Proposed Climate Disclosure Regulations
January 13, 2026 —
Michael S. McDonough, Ashleigh Myers & Karen Eskander - Gravel2Gavel Construction & Real Estate Law BlogOn December 9, 2025, the California Air Resources Board (CARB) issued
proposed regulations and a
staff report for California’s comprehensive climate disclosure laws, the
Climate Corporate Data Accountability Act (SB 253) and the
Climate-Related Financial Risk Act (SB 261). These proposed regulations come less than a month after the
Ninth Circuit issued an injunction temporarily halting enforcement of SB 261, at least until a January 9, 2026, hearing on the plaintiffs’ requested longer-term injunction through the remainder of the First Amendment challenge to the laws. The draft regulations would adopt some, but not all, of the provisions proposed by CARB in its public workshops on the laws to date, and notably would scale back applicability to those companies above a threshold level of sales in the state. The proposed regulations also define key terms, establish the program fee structures, explain fee enforcement and set initial reporting timelines. The written comment period begins on December 26, 2025, and ends on February 9, 2026. CARB will hold a
public hearing on the proposed regulations on February 26, 2026 at 9 a.m. PST.
Reprinted courtesy of
Michael S. McDonough, Pillsbury,
Ashleigh Myers, Pillsbury and
Karen Eskander, Pillsbury
Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Eskander may be contacted at karen.eskander@pillsburylaw.com
Read the full story...
Construction and Design Contracts—They Are More Important Than You Might Think! (Law Note)
January 26, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaAs regular readers of this Blog know, contracts are extremely important for all parties involved in a construction project. While
verbal contracts can be enforced, a
written contract, which is finely-tuned to your specific project, can save you a lot of time and money later on if the proverbial poo hits the fan.
I recently read AIA’s take on contracts, in their Construction Risk Brief (which you should
subscribe to [free] if you have not already). Their featured article is on “
Best Practices for Construction Contracts”. In the piece, they discuss 7 key points to address in each contract. I concur for the most part, although want to point out that some of them (such as the regular monitoring and
documentation bullet point) are deserving of their own post, as there is a *lot* that can and does go wrong during the
construction administration phase.
Read the full story...Reprinted courtesy of
Melissa Dewey Brumback, Ragsdale Liggett P
Meet the Forum's In-House Counsel: SONYA SEEDERWilke Fleury Celebrates the Addition of Two New PartnersMotion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge DeniedFrench Laundry Spices Up COVID-19 Business Interruption DebateQuick Note: Burden of Proving and Defending All Risk Property Insurance ClaimsWord of the Day: “Contractor”Deescalating Hyper EscalationIs it the End of the Lease-Leaseback Shootouts? Maybe.Dispute Among Joint Venture Partners and Joint Venture AgreementAhlers Cressman & Sleight PLLC recognized by Construction Executive in The Top 50 Construction Law Firms™ of 2025Construction Upturn in Silicon ValleyThanks to All for My 9th Straight Super Lawyers ElectionNew Report: Civil Engineering Salaries and Job Satisfaction Are Strong and Climbing at a Faster Rate Than Past ReportsThe 411 on the New 415 Location of the Golden State WarriorsHilti Partners with Canvas, a Construction Robotics CompanyThe Condominium Warranty Against Structural Defects in the District of ColumbiaRighting Past Wrongs Through Equitable DevelopmentOSHA Fines Alabama Contractor After Site Manager ElectrocutedProposed Changes to Federal Lease Accounting StandardsCounty Officials Refute Resident’s Statement that Defect Repairs ImproperJobsite Safety, Workforce Shortage Drive Innovation in Machine AutomationHaight’s Stevie Baris Selected for Super Lawyers’ 2021 Northern California Rising StarsWant More Transit (and Federal Funding)? Build Housing That Supports ItDA’s Office Checking Workers Comp ComplianceMaryland Finally set to Diagnose an Allocation Method for Progressive InjuriesSignificant Issues Test Applies to Fraudulent Claims to Determine Attorney’s FeesGary Bague Elected Chairman of ALFA International’s Board of DirectorsConstructive Suspension (Suspension Outside of an Express Order)U.S. Homeowners Are Lingering Longer, and the Wait Is Paying OffL.A. Mixes Grit With Glitz in Downtown Revamp: CitiesCalifornia’s Skilled and Trained Workforce Requirements: Public Works and AB 3018, What You Need to KnowEconomy in U.S. Picked Up on Consumer Spending, ConstructionYour Work Exclusion Applies to Damage to Tradesman's Property, Not Damage to Other PropertyGen Xers Choose to Rent rather than BuyGeneral Release of Contractor Upheld Despite Knowledge of Construction DefectsMontana Federal Court Holds that an Interior Department’s Federal Advisory Committee Was Improperly ReestablishedRepeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy PeriodThe EEOC Is Actively Targeting the Construction IndustryReal Estate & Construction News Round-Up (08/24/22) – Local Law 97, Clean Energy, and IRA Tax CreditsNew York Court Rejects Owner’s Bid for Additional Insured CoverageWoman Files Suit for Property DamagesNo Cherry Picking: Direct Benefits Estoppel and Binding Non-Parties to ArbitrationFederal Court Strikes Down 'Persuader' RuleSecond Circuit Revives Policyholder’s Negligence Claim Against AgentGeorgia Amends Anti-Indemnity StatuteCybersecurity "Flash" Warning for Construction and Manufacturing BusinessesSoot Constitutes Property DamageDon’t Ignore the Dispute Resolution Provisions in Your Construction ContractUtah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter ReferendumConsumer Prices Rising as U.S. Housing Stabilizes: EconomyUpdate Coverage for Construction Defect Claims in ColoradoGSA Releases Updated Standards to Accelerate Federal Buildings Toward Zero EmissionsMontrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?The Court of Appeals Holds That Indifference to Safety Satisfies the Standard for a Willful Violation Under WISHASubcontractor Not Liable for Defending Contractor in Construction Defect CaseConstruction Defect Claim Survives Insurer's Summary Judgment Motion Due to Lack of EvidenceClimate Superfund Litigation: Courts Split on Venue and Intervention in New York and Vermont CasesArbitration Clause Found Ambiguous in Construction Defect CaseAnother Guilty Plea in Las Vegas HOA Scandal25 Years of West Coast Casualty’s Construction Defect SeminarAnother Reminder that Contracts are Powerful in VirginiaLumber Liquidators’ Home-Testing Methods Get EPA ScrutinyOregon Supreme Court Confirms Broad Duty to DefendMore Details Emerge in Fatal Charlotte, NC, Scaffold CollapseBusiness Risk Exclusions Dismissed in Summary Judgment Motionan>
Reminder: Pay if Paid Not All Encompassing (but Could it be?)Contractor Gets Benched After Failing to Pay Jury FeesModification: Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor’s EmployeeHouse Committee Kills Colorado's 2015 Attainable Housing BillConstruction Reaches Half-Way Point on San Diego's $2.1 Billion Mid-Coast TrolleyTrump Replaces Architect to Lead $300 Million Ballroom Design
