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Should There Be an “A.I. Exception” to Liberal Construction of Pro Se Pleadings?
Michael D. Berman explores the liberal construction pro se pleadings are entitled to, and whether this rule ought to be reexamined in the age of AI.
The Standard for In Camera Review
BSD Crown demonstrates that a request for in camera review—like every other discovery motion—should be supported by a detailed factual predicate.
Are Mandates in Standing Orders to Disclose Use of GenAI a Good Idea?
Michael D. Burman explores the use of individualized mandatory reports of AI use in standing orders in both Josephs v. Security National Ins. Co. and Chukwurah v. Midland Mortgage.
More on “Bulldog Law”
Michael D. Berman examines the legal decisions around “Bulldog Law” in LLP v. Bulldog Law, P.C. The court ordered an adverse
Unsupervised Self Collection—The Fox Guarding the Chicken Coop—Leads to Discovery on Discovery
Michael Berman examines EEOC v. Yas Carib, Inc as an example of the issue of unsupervised self-collection by Defendants. The case covers attorneys as witnesses, “discovery on discovery”, technical competence, proportionality and “reasonable inquiry.”
The Day the AI Cheated
Ralph Losey examines reports that OpenAI agents used the obscure DseWiki platform to share answers, develop workarounds, respond to human intervention, and preserve information across runs. He explores what the episode may mean for AI...
6 time management tips for lawyers handling ediscovery
Lack of time was the most commonly cited individual challenge in Nextpoint’s 2026 eDiscovery Landscape Survey, named by 41% of respondents. Elizabeth Guthrie shares six practical ways lawyers can reclaim time on eDiscovery-heavy matters by...
When Clients Ask About Quantum, Will Their Lawyers Be Ready?
Ralph Losey envisions Quantum Ready practice groups, with multidisciplinary participants, ready to ask the right questions when their clients call with quantum related concerns.
Phil Favro Discusses Deepfakes and Authentication
Michael Berman examines Phil Favro’s analysis of U.S. v. Belt and the growing challenges surrounding deepfake evidence authentication. The article highlights video provenance, native-file preservation, chain of custody, forensic examination, and established authentication methods for...
The Case of the Missing Lab Notebooks
In Terran Biosciences, Inc. v. Compass Pathfinder Limited, defendants sought sanctions over missing physical lab notebooks in a trade secrets dispute. The court found sanctions unwarranted because defendants failed to establish that the notebooks were...
A Brief Writing Lesson from the Court of Federal Claims
The Court of Federal Claims offered a pointed writing lesson in Scale AI, Inc. v. U.S.: the strongest briefs exercise restraint, focusing on the arguments most likely to prevail rather than taking a “scattershot” approach...
Use of Personal Email by Government Personnel
Government personnel who use personal email or devices for government business may expose those systems to discovery. A federal court ordered counsel-supervised searches of personal email and cell phone data in Washington v. Mass. Dept....