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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...
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.