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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...
No Affidavit – No Joint Representation/Common Interest Privilege
In Fond Du Lac Band v. Cummins, the court ruled that a vague attorney affidavit failed to establish joint representation, dooming a privilege claim under the joint representation and common interest doctrines.
7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client
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.
When AI Policies Fail: The AI Sanctions in Johnson v. Dunn and What They Mean for the Profession
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...
Navigating AI’s Twin Perils: The Rise of the Risk-Mitigation Officer
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,...
Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?
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).
The $20 Test: What a Parking Lot Taught Me About AI and Legal Judgment
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...
The “Best Time” to File a Spoliation Motion
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.
Panel of Experts for Everyone About Anything – Part Two: Demonstration by analysis of an article predicting new jobs created by AI
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...