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Schrödinger’s Cat Goes to Court, Part Two: The Cat, the Gavel, and the New Age of Quantum Law
At the end of Part One, Schrödinger’s Cat had left the box, crossed from the laboratory into the courtroom, and, with a little artistic license, acquired counsel. The image was whimsical. The transition was not....
“Contention Interrogatories” Asking for “All” Facts Were Too Broad
Contention interrogatories ask an opponent to state the facts on which it relies to support a specific contention. Fed.R.Civ.P. 33(a)(2) as amended in 1970 states: An interrogatory is not objectionable merely because it asks for an...
The Standard for a Preservation Order
“Plaintiff True Footage Inc. asks the Court to enter an order directing Defendants Automax AI Inc., Automax AI (US) Inc., and Humza Ahmed to preserve evidence. The Court denies Plaintiff’s request.” True Footage Inc. v....
Defendant Claimed Video of Abuse Was a “Deepfake”; Victim Was Asleep and Could Not Attest to Abuse
After an alleged “deepfake” video of a sexual assault was admitted over objection, the Defendant appealed his conviction. The Supreme Court of Iowa wrote: “In this sexual abuse case, we are asked to decide whether the...
Proposed Montana Deepfake Rule
The Montana Commission on Rules of Evidence has amended its proposed rule of evidence to address deepfakes. Based on public comments, proposed Rule 901 was “modified to avoid confusion where a judge, not a jury,...
Are an Expert’s A.I. Prompts Discoverable? Maybe.
Michael D. Berman uses Villanueva v. Las Vegas Metropolitan Police Dept. to discuss disclosing AI prompt systems in court, and the protections around AI searches.
September HSR reported transactions slip to 193 as fiscal 2026 closes at 2,555, its largest total since 2022
The Premerger Notification Program logged 193 reported transactions in September 2026, according to preliminary data from the Federal Trade Commission, a 28.8 percent drop from August’s fiscal-year high of 271. The decline closed a fiscal...
Timing of Propounding and Responding to “Contention Interrogatories”
Michael D. Berman examines when contention interrogatories become ripe for response, highlighting a Carvana ruling that favors responses near the end of fact discovery.
New York Court’s A.I. Regulation Did Not Violate Unrepresented Person’s Rights
Michael D. Berman examines Bradwell v. Hochul, where a federal court rejected a self-represented litigant’s constitutional challenge involving New York’s AI rules for court filings.
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.
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...