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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...
Requests for Documents “Sufficient to Show,” Instead of “Any and All” Documents
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...
Avoiding the Third Rail of Legal AI: Don’t Let the Machine Think for You
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...
Application of Work-Product Doctrine to Materials Prepared Years After Incident
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...
Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction
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.
Fed.R.Civ.P. 26(g) Was Violated by Permitting Client Searches With Minimal Oversight by Counsel
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.
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.