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7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client

August 1, 2025

In Pable v. CTA, the Seventh Circuit affirmed dismissal and over $150,000 in sanctions for ESI spoliation, marking a key precedent on attorney and client liability under Rule 37(e)(1), (e)(2), (a)(5), and 28 U.S.C. §1927.

Blog Articles, In the News, Lawyers Duties, Metadata, Recent News, Rules
Michael D. Berman

When AI Policies Fail: The AI Sanctions in Johnson v. Dunn and What They Mean for the Profession

July 31, 2025

The Johnson v. Dunn case marks a turning point in judicial tolerance for AI citation errors. Despite clear firm policies and experienced counsel, the court imposed severe sanctions, signaling that only individual verification, not institutional...

AI, AI Ethics, Blog Articles, ChatGPT, In the News, Lawyers Duties, Recent News, Rules, Technology
Hon. Ralph Artigliere (ret.)

Navigating AI’s Twin Perils: The Rise of the Risk-Mitigation Officer

July 23, 2025

Generative AI is reshaping trust and accountability in the digital landscape, leading to the emergence of the AI Risk-Mitigation Officer role. This strategic position blends technical, regulatory, and ethical expertise to proactively manage AI risks,...

AI Ethics, AI Instruction, Blog Articles, ChatGPT, In the News, Internet Regulation, knowledge, Lawyers Duties, Recent News, Technology, wisdom
Ralph Losey

Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

July 21, 2025

A Nevada federal court ordered a forensic exam after finding bad faith discovery conduct in PlayUp v. Mintas. The decision explores when forensic inspections are justified under Rule 34(a)(1).

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Michael D. Berman

The $20 Test: What a Parking Lot Taught Me About AI and Legal Judgment

July 17, 2025

When a young lawyer found a $20 bill, he faced a simple yet profound ethical choice. Decades later, Hon. Judge Ralph Artigliere (ret) compares his human decision to AI’s analysis, revealing why empathy, intuition, and...

AI, AI Ethics, Blog Articles, ChatGPT, In the News, Lawyers Duties, Recent News
Hon. Ralph Artigliere (ret.)

The “Best Time” to File a Spoliation Motion

July 14, 2025

This article explores the legal nuances of spoliation motion timing, highlighting the risks of premature or delayed filings. It also offers a proactive framework using ESI Protocols and discovery plans.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Michael D. Berman

Panel of Experts for Everyone About Anything – Part Two: Demonstration by analysis of an article predicting new jobs created by AI

July 14, 2025

In this article, Ralph Losey continues discussing the software, Panel of Experts for Everyone About Anything, and its demonstration while exploring potential job roles arising from AI, particularly the “Sin Eater” concept proposed by Professor...

AI, AI Ethics, AI Instruction, AI Prompt Engineering Instruction, Blog Articles, ChatGPT, In the News, Lawyers Duties, LLM, Recent News, Technology
Ralph Losey

Requests for Documents “Sufficient to Show,” Instead of “Any and All” Documents

July 11, 2025

Discovery requests framed as “sufficient to show” are gaining traction in federal courts for their focus and proportionality. Unlike overbroad “any and all” language, this approach targets relevant facts while aligning with evolving case law...

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News
Michael D. Berman

Avoiding the Third Rail of Legal AI: Don’t Let the Machine Think for You

July 11, 2025

As AI becomes more powerful, legal professionals face growing pressure to rely on it for core tasks. But true responsibility means using these tools wisely, without surrendering judgment, accountability, or the human craft of legal...

AI, AI Ethics, Blog Articles, In the News, Lawyers Duties, Recent News, Technology, wisdom
Hon. Ralph Artigliere (ret.)

Application of Work-Product Doctrine to Materials Prepared Years After Incident

July 10, 2025

The Hall decision explores whether documents prepared decades after a criminal conviction, as part of post-conviction representation, qualify as protected work product. It emphasizes timing and substantial need in distinguishing between fact and opinion work...

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Marris Hoffee, Michael D. Berman

Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction

June 26, 2025

In Matter of City of Hagerstown, the Appellate Court of Maryland held that a plaintiff’s failure to disclose photos did not justify their exclusion as a discovery sanction, finding minimal prejudice.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Michael D. Berman

Fed.R.Civ.P. 26(g) Was Violated by Permitting Client Searches With Minimal Oversight by Counsel

June 26, 2025

A court ruling in Grullon v. Lewis held that allowing clients to self-collect discovery with minimal attorney oversight violates Rule 26(g), highlighting the need for counsel’s active involvement.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Michael D. Berman
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