Author: Michael D. Berman
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Where Oh Where Did My Data Go? A Data Broker?
A federal court dismissed claims against Acxiom, but the case raises urgent questions about data brokers, profiling, and the limits of privacy law.
Inadvertent Production of Work Product Did Not Waive Protection; However, Recipient Showed Substantial Need and Overcame That Protection
In Aerosonic LLC v. Joby Aero, Inc., the court held that inadvertent disclosure of work product did not waive protection under Rule 502 and the ESI Protocol. However, the receiving party demonstrated substantial need and...
Court Suggests That Opposing Counsel Also Failed to Check Citations
A Seventh Circuit decision raises a critical question for modern litigation: do lawyers have a duty to identify hallucinated or false citations in opposing counsel’s filings? While stopping short of imposing sanctions, the court signaled...
Categorical Privilege Logs Are Not Disfavored
In Thompson v. Seattle Public Schools, the court reaffirmed that categorical privilege logs are not disfavored and may be used without prior court approval under Rule 26. The decision highlights proportionality, burden, and practical limits...
“Hallucinations” by West’s CoCounsel?
In U.S. v. Farris, the Sixth Circuit sanctioned appointed counsel after AI-assisted briefs generated through Westlaw CoCounsel included false quotations and misstatements of precedent. The opinion underscores that even when AI cites real authorities, lawyers...
Hallucination or Old-Fashioned Error? It Doesn’t Matter
In Quandel v. Hunt, the court made clear that lawyers cannot excuse nonexistent case citations and quotations by blaming AI, or anything else. The real issue, the court said, is the duty to verify authorities...
Suggested A.I. Rule – Suggested Amendment to Maryland’s Computer-Generated Evidence Rule
This article proposes revising Maryland Rule 2-504.3 to expressly cover generative AI evidence. The amendment would add notice, disclosure, discovery, pretrial hearing, and expert-related procedures for computer-generated evidence in civil cases.
Important A.I. Work Product and Protective Order Decision: Application to Pro Se Litigant and Beyond?
Can using AI in litigation stay protected, or does it risk exposing strategy? A new decision in Morgan v. V2X draws a careful line, protecting AI-assisted work product while placing real limits on how confidential...
“Colorado policy could shield AI from complaints regarding unauthorized practice of law”
A new Colorado policy could limit enforcement of unauthorized practice of law claims against AI tools, even as litigation against OpenAI alleges such tools engage in UPL.
When Should a Motion for Sanctions be Filed?
Harris v. Washington County, 2026 WL 813917 (D. Utah Mar. 24, 2026), highlights a recurring procedural problem in federal discovery practice: the Federal Rules do not set a clear deadline for filing sanctions motions. In...
Does Disclosure of Litigation Hold Directive to Preserve “Texts” Waive Privilege?
A recent decision examines whether identifying “texts” in a litigation hold waives privilege and what it takes to compel disclosure of hold notices.
Nonsensical Spellings and Fabricated Authority Signal Improper Use of Artificial Intelligence
A federal court found that nonsensical spellings and fabricated authority revealed improper AI use, resulting in dismissal without leave to amend.