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In an Asset Sale, Don’t Sell the Server That Holds Privileged Communications
A recent decision in Jim Daws Trucking v. Daws, Inc. underscores how selling a server with privileged emails can waive attorney-client privilege—raising red flags for information governance and asset purchase practices.
No More Excuses: The Legal Profession’s Tech-Education Mandate in the Age of AI
The age of AI demands more than compliance—it demands mastery. Judge Ralph Artigliere highlights Professor Bill Hamilton’s transformative approach to legal technology education, showing that ethical excellence and digital literacy are one and the same.
Definition and Application the Crime-Fraud Exception to A-C Privilege
In Burge v. Teva, the court applied the crime-fraud exception to attorney-client privilege, requiring disclosure of redacted documents that evidenced fraudulent concealment involving counsel.
Rule 37(e)(1) Sanctions for Breach of Duty to Preserve Communications
A Maryland court imposed Rule 37(e)(1) sanctions against a plaintiff for failing to preserve key Facebook and text message communications, providing the jury with a special instruction on the spoliation.
Navigating a Government Investigation: Insights for In-House Counsel
A government inquiry can disrupt operations and put legal standing at risk. This guide helps in-house counsel respond effectively and protect their organizations.
My Father is a Lawyer – Are My Emails With Him Privileged?
A federal court ruled that emails between a woman and her father, a litigator, were not protected by attorney-client privilege. The decision highlights that a familial relationship alone doesn’t establish privilege without clear legal intent,...
What is a “Document?”: Interior Email Omitted from Email Chain – Sanctions Follow for Lack of Candor to Court
In Golat II, the court sanctioned counsel for omitting a key email in a discovery dispute, spotlighting the duty of candor and redefining what qualifies as a “document” in ESI.
Hallucinations, Drift, and Privilege: Three Comic Lessons in Using AI for Law
Ralph Losey created teaching hypotheticals for attorneys using AI, and tasked the AI’s to do it with humor. “Here’s the twist: the comedy wasn’t mine. It came from GPT-5, the latest large language model whose...
Half-Baked Motion to Compel Was Not Prompt, Not Ripe, Not Complete, and Not Likely to Succeed
In Golat v. Wisconsin State Court System, the court rejected a motion to compel as untimely, incomplete, and lacking good faith, highlighting the importance of candor and proper timing in discovery disputes.
Reasonable or Overreach? Rethinking Sanctions for AI Hallucinations in Legal Filings
When AI-generated hallucinations appear in court filings, how should judges respond? A new four-pillar framework proposes principled, proportional sanctions to protect the justice system without overreach.
When AI Conversations Become Compliance Risks: Rethinking Confidentiality in the ChatGPT Era
AI chats may seem private, but legal experts warn they could become courtroom evidence. As AI integrates into legal work, professionals must rethink digital confidentiality and privilege risks.
The Best Defense Was Not a Weak Offense
In back-to-back July 2025 rulings, the S.D.N.Y. sanctioned Charles Oakley for failing to preserve thousands of text messages after his 2017 MSG ejection, crediting MSG’s expert over Oakley’s and granting an adverse inference. Oakley’s counter-motion...