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Chambers Guidance: Using AI Large Language Models (LLMs) Wisely and Ethically
Craig Ball discusses responsible AI use in appellate practice and shares Chambers Guidance with actionable tips for judges, co-prepared with Lynne Liberato.
All Metadata is Not Equal – Court Orders Narrower Request
The Court in Heym v. APG Housing emphasized the need for proportionality in eDiscovery, denying a blanket metadata request and urging targeted production aligned with Maryland’s ESI Principles. The decision also addressed the scope of...
Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video
The District of Maryland in Moore v. WMATA denied spoliation sanctions despite finding a breach of the duty to preserve video evidence. The ruling emphasized the need for concrete proof of relevance and prejudice.
“Diligent Search,” But No Responsive Data Is Insufficient Response
The EEOC prevailed in discovery disputes against Mia Aesthetics by presenting factual support, challenging vague claims of a “diligent search” for responsive data. The court emphasized that specificity and documented efforts are required to meet...
Non-Party Law Firm Ordered to Provide Defaulting Client’s Affidavit to Support Claim of Client’s Privilege
The Riffle v. Excellent Auto Glass LLC case highlights the challenges of asserting privilege for non-party law firms. Despite a privilege log, the court required EAG’s affidavit to support the claim.
AI Can Improve Great Lawyers—But It Can’t Replace Them
The article discusses the anxieties surrounding the rise of legal AI and the fear of lawyers being replaced by machines. Despite concerns about automation, the author argues that not all aspects of legal judgment can...
Profanity and Threats Are Not a “Good Faith” Conference
In Milne v. ProAll, the court denied a motion for discovery sanctions due to plaintiffs’ failure to meet good faith conference requirements, highlighting profanity, threats, and aggressive conduct. The case underscores the critical role of...
“This Was a Collective Debacle”
In Lacey v. State Farm, the use of AI-generated content in legal briefs without proper verification resulted in significant judicial sanctions. The Special Master emphasized collective responsibility, underscoring the need for attorney oversight when using...
Bar Battle of the Bots – Part Four: Birth of Scorpio
The article discusses a competitive evaluation of AI models, particularly focusing on the latest release, ChatGPT o3, in a series of bot battles. Following previous assessments, where ChatGPT 4o (Omni) was the leading AI, ChatGPT...