Rules
← Back to Blog
Search
Authors
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...
Asking When Untimely Discovery Responses Will Be Provided Doesn’t Consent to an Extension
In Dochee v. The Methodist Hospitals, Inc., the court addressed discovery responses served six weeks to two months late. Although it viewed Defendants’ failure to seek an extension or timely respond with disfavor, the court...
Use of an A.I. Recorder in Depositions? In a “Meet and Confer”?
In Greco v. Hon. Robert W. Lane, a Nevada federal court found no procedural defect in a request to use an AI voice recorder as a secondary deposition record, while leaving substantive concerns for another...
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...
The First Amendment Privilege Against Discovery by the Government
Michael D. Berman examines a ruling addressing the First Amendment privilege against government discovery, including internal advocacy materials and the evidentiary showing required to establish a chilling effect on associational rights.
A Request for “Three-Strata Validation” Was Denied
A federal court addressed a proposed “three-strata validation” process for ESI discovery in In re Class Action Settlement Administration Litigation. The parties agreed to statistically valid sampling of documents coded nonresponsive, while the court rejected...
The eight-hour clock starts today: EU e-evidence orders now land on covered U.S. providers’ EU addressees
The EU e-Evidence Regulation is now applicable, enabling judicial authorities across participating EU member states, where national arrangements are in place, to serve binding electronic-evidence orders directly on covered providers’ EU addressees. For U.S. providers,...
What Substantive Law Governs Sufficiency of a Privilege Log in a Federal Court Sitting in Diversity?
In McSwain v. HOMAG Machinery N. America, Inc., the court distinguished state substantive privilege law from the federal procedural rules governing the sufficiency of a privilege log.
“Court Sanction for Plaintiff’s Use of Prompt-Injection”
A Connecticut court sanctioned a self-represented litigant for repeatedly concealing AI prompt-injection instructions in court filings. In Elliott v. New York Bariatric Group, LLC, the court distinguished the familiar risk of unreliable AI output from...
Maryland’s Digital Media Rules
Maryland’s rules establish specific procedures for handling digital media in court proceedings, motions, and appeals, including approved storage platforms, record preservation, access, and the treatment of audio, audiovisual, and video exhibits.