Artificial Intelligence

August 15, 2026

“I Filed the Wrong Draft” is Not a Defense When it Contained Hallucinations

A Florida court issued an order to show cause why an attorney should not be sanctioned for filing “a certiorari petition in this case that is riddled with false citations and arguments, including an unsupported allegation that this Court has ‘repeatedly entertained, and granted, certiorari review of orders vacating clerk’s defaults.” The […]
August 10, 2026

District of MD Standing Order re GenAI in Court Filings

The United States District Court for the District of Maryland has issued Standing Order 2026-03 titled “In Re: Use of Generative Artificial Intelligence in Court Filings.” Paragraph 1 states that, under Fed.R.Civ.P. 11, when an attorney or unrepresented party signs a pleading, written motion, or other paper, they are certifying that the […]
July 27, 2026

Restrictions on Use of Artificial Intelligence Tools to Process Disclosure Materials

In continuing use of protective orders limiting an opponent’s use of discovery materials  in the opponent’s AI system, a consent order was entered by consent in a criminal case as follows: Restrictions on Use of Artificial Intelligence Tools to Process Disclosure Materials. a.  “AI tool” means any automated system that uses statistical […]
July 21, 2026

Proposed Changes to the MD Attorneys’ Rules of Professional Conduct Re: AI

Use of A.I. is the express focus of proposed changes to the Maryland Rules.  Proposed Comment [3] to Rule 19-303.3 and Proposed Comment [7] to Rule 19-301.1 expressly mention AI.  The latter refers back to Rule 19-305.3. This post is based on the Minutes of the June 25, 2026, Open Meeting of […]
July 19, 2026

Court Orders Sealing of Anthropic’s Usage Metrics

Defendant Anthropic PBC filed an “administrative motion to consider whether its materials submitted in connection with the Parties’ joint submission regarding Anthropic’s preservation of prompt-output records” should be sealed. The unopposed motion was granted.  Concord Music Grp., Inc. v. Anthropic PBC, 2026 WL 2065922 (N.D. Cal. Jul. 16, 2026). The court wrote: […]
July 18, 2026

“Judges blast lawyers for citing hallucinated cases, but ethics pros say rule changes not needed”

David Weisenfeld has published “Judges blast lawyers for citing hallucinated cases, but ethics pros say rule changes not needed (ABA Journal Jul. 15, 2026). He wrote that “many lawyers who prosecute and defend [professional] conduct cases say no changes are needed.”  The article continues: “What we have in place is sufficient. They’re […]
July 17, 2026

Presentation to Judicial College of Maryland

It was a pleasure and an honor to assist the Hon. Lynne Battaglia (ret.) in a presentation to the Judicial College of Maryland with Craig Ball, Maura Grossman, and Alicia Shelton titled “AI & Other Digital Evidence: A Demonstrative Workshop for Judges.” The program covered authentication issues regarding acknowledged and unacknowledged GenAI […]
July 14, 2026

Glass Houses Proverb—Don’t Throw Stones and Invective

“A well-known proverb warns those who live in a glass house not to throw stones. What Plaintiffs did here is worse than that. The proverb assumes a rough parity — two flawed parties, each exposed, the hypocrite merely imprudent for hurling what could be hurled back. That is not what happened here. […]
July 13, 2026

Lack of Candor is “Always a bad idea.”

Plaintiffs sued over their employer’s pandemic-era policy on masks, testing, and vaccination, claiming a valid religious exemption. The court wrote: The claims in this case are remarkably weak, at least as pleaded. We are more candid than usual in this assessment because the plaintiffs’ counsel Anthony F. Sabatini has not been candid […]
July 9, 2026

Another A.I. Protective Order

Protective orders addressing the use of A.I. to review materials produced to an opponent in discovery are becoming routine.  The stipulated protective order in RMME LLC v. Majestic Steel USA, Inc., 2026 WL 1831063, at *7 (D. Nev. Jun. 24, 2026), covered that topic and added a provision regarding other uses of […]
July 7, 2026

“MD school districts face fall deadline to set AI policies”

Mayah Nachman and Maryland Matters report that MD school districts face fall deadline to set AI policies – Maryland Daily Record (Jul. 6, 2026).  The article states: The school districts’ assignment comes from the Artificial Intelligence Ready Schools Act, a bill that Gov. Wes Moore signed in May. It required the Maryland State Department of […]
July 5, 2026

Tara Emory and Maura Grossman Address Protection of Attorney Prompts in “GenAI TAR”

Tara S. Emory and Maura R. Grossman have authored “GenAI Prompts in eDiscovery: Protected Work Product or Not?,” which will be published in Columbia Sci. and Tech. L. Rev., Vol. 28, No. 1 (forthcoming Dec. 2026). This excellent and comprehensive paper addresses whether draft and final prompts written by attorneys to instruct […]
July 1, 2026

Some Unacknowledged A.I. Comes Within the “I’ll know it when I see it” Principle

Generally, “it has become nearly impossible–even for computer scientists–to tell authentic from fake content.” M. Grossman and P. Grimm, “Judicial Approaches to Acknowledged and Unacknowledged AI-Generated Evidence,” 26 Colum. Sci. & Tech. L. Rev. 110 (2025). But not always.  Justice Potter Stewart famously wrote in an obscenity case: “I shall not today attempt further […]
June 30, 2026

Stipulated A.I. Order Protects Expert’s Prompts and Outputs

The stipulated protective order in Waterford Township Gen. Employees Retirement System v. Monolithic Power Systems, Inc., 2026 WL 1858112 (W.D. Wash. Jun. 29, 2026), addressed the protection of A.I. used by a party’s expert.  It stated: Neither side must preserve or disclose, including in expert deposition testimony, the following documents or materials:…  […]
June 25, 2026

Fraudulent or Unsupported Allegations of Misuse of A.I. Can be Sanctionable

In a recent decision, a court wrote:  “Watson also has filed a motion to vacate the judgment for fraud upon the court, in which he contends that the District Court’s opinion is tainted by artificial intelligence and is ‘technically nonexistent.’”  Watson v. Reese, 2026 WL 1818662, at  n. 1 (3rd Cir. Jun. […]
June 20, 2026

Is it OK if “Actual Authorities” Support the “Bogus” Proposition Set Out in a Hallucinated Case?

No.  Withers v. City of Aberdeen, 2026 WL 1653484 (N.D. Miss. Jun. 8, 2026). In Withers, “the Court entered an Order to Show Cause … directing all counsel of record in this case to show cause as to why the Court should not impose sanctions against them pursuant to Rule 11 of […]
June 19, 2026

“The AI Incident Database”

The Artificial Intelligence Incident Database reports harms or near harms from A.I. The database states: “Like similar databases in aviation and computer security, the AI Incident Database aims to learn from experience so we can prevent or mitigate bad outcomes.” For example, Incident 74: Detroit Police Wrongfully Arrested Black Man Due To […]
June 17, 2026

Maryland Copy and Paste “Hallucinations” Case

An attorney who copied and pasted non-existent case law from a pro se memorandum was sanctioned. “Father cites three cases that do not exist as cited….”  Additionally, actual cases were cited for propositions that did not exist in the real case. One was “overstated.” Ajakaiye v. Oladipupo, 2026 WL 1733336 (Appl. Ct. […]
June 4, 2026

Unicorn Rejects A.I. Protective/Confidentiality Order – Order Entered in Criminal Case

The Northern District of California has a “Model Stipulated Protective Order (for standard litigation)” and a “Stipulated Protective Order for Litigation Involving Patents, Highly Sensitive Confidential Information and Trade Secrets (Feb. 2022).” I suggest that the latter was applied too stringently in Litton v. Roblox Corporation, 2026 WL 1483493 (May 27, 2026).  […]
June 2, 2026

Deepfake Photos Admitted – Proponent Held in Contempt – 45-Day Incarceration

Adams v. Anderson, 2026 WL 1501021 (Ct. Apls. Ky. May 29, 2026)(unpublished), was an unsuccessful appeal from a holding of criminal contempt with a sentence of 45 days incarceration.  It arose out of a divorce action. Ms. Adams and Mr. Anderson were parents of two minors. The family law court held a […]
May 30, 2026

“This conduct is intolerable to any court….”

In an earlier blog, I wrote that an example of an ineffective use of artificial intelligence was provided in Camarillo Hospitality LLC v. G6 Hospitality LLC, 2026 WL 1113871 (E.D. Cal. Apr. 24, 2026)(“Camarillo I”). See Otter.ai “Transcript” Was Excluded From Consideration (Apr. 25, 2026). The court refused to consider a transcript […]
May 26, 2026

Are Protective Orders Limiting Upload to AI of Documents Produced by an Opponent in Discovery Becoming the Standard of Care?

A recent protective order entered by consent stated: The Receiving Party shall not load, import, submit, or otherwise transfer Discovery Material (defined as any documents produced in this matter) to any Large Language Model (“LLM”) or Artificial Intelligence (“AI”) platform without agreement of the parties. Should the Receiving Party want to load, […]
May 23, 2026

Well-Stated and Proportional “Hallucination” Order

In its entirety, Ali-Bey v. Szabad, 2026 WL 1431196 (E.D. Ark. May 21, 2026), states: Szabad’s lawyer’s declaration… is appreciated. Apology accepted. The inaccurate citations are withdrawn. As promised, counsel must complete three hours of continuing legal education on the ethical use of artificial intelligence within ninety days of this Order. He must […]
May 22, 2026

“OpenAI Says ChatGPT Misuse Is Users’ Responsibility – Law360”

There have been some novel lawsuits arising out of artificial intelligence.  See Microsoft Sued for Alleged Torts Arising From CoPilot Output (May 6, 2026). Nippon Life Ins. Co. of America v. OpenAI Foundation, et al., No. 1:26-cv-02448 (N.D. Ill.), poses the question of Does OpenAI Provide Legal Assistance? (Mar. 11, 2026).  Nippon contends […]
May 22, 2026

“[U]sing AI encourages personal detachment from the attorney’s work product and relationship with the Court.”

In Davis v. Marion Co. Superior Court Juvenile Detention Ctr., 2026 WL 1408448 (S.D. Ind. May 20, 2026), the court took a novel view of artificial intelligence. The all-too-common issue presented in Davis was whether the court should “personally sanction Plaintiff’s counsel, …, for including two non-existent legal citations in a brief […]
May 16, 2026

Attorney Advertisement Referred to in Mistaken and Fictitious Quotations Decision

In a fictitious quotations case, sometimes called “hallucinations,” an appellate court referred to attorneys’ advertisements: These mistakes and fictitious quotations bear the hallmarks of the misuse of generative artificial intelligence…. The website of XXXX Law Firm, P.C., where [plaintiff’s] attorneys both practice, boasts of the firm’s extensive incorporation of artificial intelligence into […]
May 9, 2026

Supervisory Duties vis-à-vis “Hallucinated” Citations

Judicial decisions involving “hallucinated” citations provided by GenAI are more common than mosquitoes in a swamp.  A recent decision addresses supervisory obligations and looked at “institutional culture” of the law firm: Lawyers owe a duty of candor to the Court, a duty that cannot be met without reading and understanding the legal […]
May 8, 2026

Use of A.I. in Maryland Universities

Not a day goes by without at least one judicial decision addressing misuse of artificial intelligence in litigation, such as hallucinations or fabricated quotations.  See, e.g., D. Belson, “Avalanche” of likely AI-generated filings decried by MD judge in pro se case (Apr. 28, 2026); District of Maryland “Hallucination” Decision (May 5, 2026). […]
May 7, 2026

Motion to Compel Forensic Image of Cell Phone: Granted in Part; Denied in Part

Plaintiff, Michelle Madrigal, filed a putative class action against Live Nation Entertainment, Inc. (“Ticketmaster”), alleging deceptive practices, such as offering deceptively low prices and then adding alleged hidden and exorbitant junk fees at the end of the transaction. Defendants deny the allegations. Madrigal v. Live Nation Entertainment, Inc., 2026 WL 1196245 (C.D. […]
May 6, 2026

Microsoft Sued for Alleged Torts Arising From CoPilot Output

In a pro se action, plaintiff “filed a Complaint against Microsoft Corporation (Microsoft), asserting numerous tort claims and alleging that Microsoft’s ‘artificial intelligence system known as Microsoft Copilot’ falsely describes Haugland as ‘a criminal involved in fraud, financial misconduct, violent activity, and drug-related offenses.’”  Haugland v. Microsoft Corp., 2026 WL 1209532 (D. […]
May 5, 2026

District of Maryland “Hallucination” Decision

Aziz v. U.S., 2026 WL 1132884 (D. Md. Apr. 27, 2026)(Abelson, J.), is of note only because it is in the District of Maryland, where I practice. Plaintiffs “filed an unusually high number of motions in a short amount of time.” The latest flurry worsens a pattern of repeated filings: the Court’s […]
May 3, 2026

Cite Checking to Find Hallucinated Cases Deemed Insufficient

“[S]o that the clear does not become cloudy, we state the obvious: Using generative artificial intelligence to generate legal briefs and then simply cite-checking them bears no resemblance to the competent practice of law….When lawyers trade reflection for automation, they surrender the very quality that makes their words worthy of belief. Although […]
April 27, 2026

Another Confidentiality Order Limiting Use of AI to Analyze Protected Materials

As the title indicates, In re: ByHeart, Inc., Infant Formula Marketing, Sales Practices, and Products Liability Litigation, 2026 WL 1103170 (S.D.N.Y. Apr. 23, 2026), is complex litigation. One significant issue was an order limiting the use of artificial intelligence to analyze protected materials produced by an opponent in discovery.  I have suggested […]
April 25, 2026

Otter.ai “Transcript” Was Excluded From Consideration

An example of an ineffective use of artificial intelligence was provided in Camarillo Hospitality LLC v. G6 Hospitality LLC, 2026 WL 1113871 (E.D. Cal. Apr. 24, 2026). Defendant logged on to a virtual meeting using free Microsoft Teams software.  Unknown to both parties, that triggered a recording by Otter.ai.  Both counsel were […]
April 20, 2026

A.I. Protective Orders Are Becoming Routine

Orders limiting the use of artificial intelligence to analyze information produced by an opposing party are becoming routine. For example, a court recently entered the following stipulated provision: Persons receiving Confidential information under this Stipulated Protective Order shall not upload, input, or otherwise provide any documents, data, or information produced in this […]
April 18, 2026

Facial Recognition Technology – Error

A recent article by Daniel Wu states Facial recognition error led to woman jailed six months in MD (Apr. 16, 2026). “It’s very obvious it’s you,” an officer in Montgomery County said to Williams, who was handcuffed to a table in the police department. Williams had several prior convictions for writing bad […]
April 17, 2026

It is Improper and a “Perilous Shortcut” to “Outsource” Discovery Positions to A.I.

“Artificial intelligence can be a useful discovery tool. However, as discussed below, AI is not a substitute for attorneys and litigants exercising independent judgment and oversight in the discovery process. Relatedly, the Court once again reminds counsel of their obligation to meaningfully meet and confer with one another before seeking the Court’s […]
April 14, 2026

Court Suggests That Opposing Counsel Also Failed to Check Citations

Marris Hoffee and Michael D. Berman Do lawyers have an obligation not only to verify their own citations, but also to catch their opponents “hallucinated” authorities? A recent Seventh Circuit decision suggests that the answer may be edging toward yes. Cut and paste briefing has always carried risks, but Dec v. Mullin, […]
April 12, 2026

Conclusory (False?) Accusations of Using False Case Citations Are Sanctionable

Decisions involving the use of “hallucinated” or fictitious case citations are blooming like flowers in spring. Show cause orders, reprimands, admonishments, or sanctions often follow an allegation that an opponent relied on nonexistent “authority.” But allegations of misuse of artificial intelligence should not be lightly made. Vigorous advocacy is markedly different: In […]
April 11, 2026

“Hallucinations” by West and Lexis AI?  A Cautionary Study and Cautions About the Study

This post is a follow up to “Hallucinations” by West’s CoCounsel? (Apr. 7, 2026). In U.S. v. Farris, __ F. 4th __, 2026 WL 915082, at *1 (6th Cir. Apr. 3, 2026)(per curiam), the court found errors in a brief prepared using Westlaw’s CoCounsel.  It appears that the tool was used after August 2025. Id. […]
April 7, 2026

“Hallucinations” by West’s CoCounsel?

“Hallucinations” are “old news.”[1]  However, U.S. v. Farris, __ F. 4th __, 2026 WL 915082 (6th Cir. Apr. 3, 2026), involved a major A.I. program.  The court wrote: Upon our initial review of the case, we began to suspect that Howe’s briefs were generated, at least in part, by artificial-intelligence software. The […]
April 5, 2026

“Deepfake Executives, Created Via Depositions, Pose Grave Threat”: Protective Order Suggested

Sabrina Rose-Smith and Elizabeth Tucci, raised an interesting issue in Deepfake Executives, Created Via Depositions, Pose Grave Threat (Bloomberg Law Mar. 24, 2026). They point out that video deposition are provide “high-quality source material for increasingly accessible generative AI systems.” The article points to the value of these depositions because they “offer […]
April 4, 2026

Hallucination or Old-Fashioned Error? It Doesn’t Matter

“The topical worry that artificial intelligence will lure attorneys with the false siren song of easy shortcuts to legal authority is part of a much larger concern that attorneys will fail to cite their sources properly and—either intentionally or unintentionally—mislead the Court.”  Quandel Constr. Grp., Inc. v. Hunt Constr. Grp., Inc., 2026 […]
April 2, 2026

Suggested A.I. Rule – Suggested Amendment to Maryland’s Computer-Generated Evidence Rule

Maryland courts, like others, are increasingly being faced with artificial intelligence. E.g.,  Artificial Intelligence in Maryland Courts (Aug. 24, 2025);  “Ex-Pikesville High principal impersonated in racist AI case settles lawsuit” (Nov. 1, 2025). The Administrative Office of the Courts is conducting a pilot program.  Maryland’s Artificial Intelligence Evidence Clinic Pilot Program (Mar. […]
April 1, 2026

“Colorado policy could shield AI from complaints regarding unauthorized practice of law”

In Nippon Life Ins. Co. of America v. OpenAI Foundation, et al., No. 1:26-cv-02448 (N.D. Ill. Mar 4, 2026), the plaintiff alleges that: “As a product of OPENAI, ChatGPT engages in the practice of law by providing users with legal analysis, legal advice, legal research, and produces drafted legal documents.” It alleges that OpenAI […]
March 31, 2026

Important A.I. Work Product and Protective Order Decision

Application to Pro Se Litigant and Beyond? “AI is forcing litigants and courts to confront difficult questions about how and to what extent longstanding protections will apply when parties use AI to assist them in the litigation process. In particular, courts are beginning to wrestle with practical questions surrounding confidentiality, work product, […]
March 28, 2026

A.I. Limerick

In Gouveia v. Meridian Financial Investments, LLC, 2026 WL 816497 (D.Ct.Apl.Fla. Mar. 25, 2026)(not published), the court wrote: There once was a litigant pro se, Who let an AI lead the way. It briefed every claim, Cited cases—by name, That vanished by morning’s next day. The court cited “Limerick on Pro Se […]
March 26, 2026

Protective Order Limited Uploading Discovery Responses to Open A.I.

In a putative class action brought by plaintiffs who live within a three-mile radius of a chemical facility, the court addressed restrictions on the use of open artificial intelligence tools to review any of the materials produced by an opponent in discovery, even if they are not confidential. Jeffries v. Harcros Chemicals, […]
March 25, 2026

Nonsensical Spellings and Fabricated Authority Signal Improper Use of Artificial Intelligence

Marris Hoffee and Michael Berman Sometimes, sophisticated analysis is needed to detect a misuse of A.I.  Sometimes, it isn’t. In Dillard v. CBS Studios, Inc., 2026 WL 790882 (C.D. Cal. Mar. 16, 2026), the plaintiff brought a copyright infringement action that quickly unraveled under scrutiny. The court noted: “Plaintiff’s submissions in this […]
March 24, 2026

Well-Reasoned “Hallucination” Analysis

There is nothing new about “hallucinations” from GenAI.  A recent decision explains and applies what now appears to be settled law under Fed.R.Civ.P. 11. Brownfield v. Cherokee Co. School Dist., 2026 WL 777230 (E.D. Ok. Mar. 19, 2026).  A recent appellate decision applying Fed.R.App.P. 38 and common-law inherent authority is Whiting v. […]
March 23, 2026

Evidence Sufficient to Demonstrate that Audio Recording Was Not a Deepfake

In Burnley v. Valentin, 2026 WL 767145 (E.D. Va. Mar. 18, 2026), the proponent of an audio recording survived a challenge that it was a deepfake. Burnley involved two motions to enforce settlement agreements. Mr. Burnley had made harassment claims against his neighbors and the police.  The settlement agreements were memorialized in […]
March 20, 2026

Example of an Improper Use of GenAI

Yesterday, I  posted an Example of a Proper Use of GenAI.  Today’s post is the flip side—an improper use of Generative Artificial Intelligence. In this case, the meaning of the term “groomer” was at issue. GenAI is not a dictionary: Indeed, the State of Illinois criminalizes the act of “grooming” as a […]
March 19, 2026

Example of a Proper Use of GenAI

Much has been written about improper uses of GenAI, such as deepfakes and hallucinations. Edwards v. Grubbs, __ Fed.4th __, 2026 WL 706637 (11th Cir. Mar. 13, 2026), demonstrates a proper use of GenAI. Edwards was a consolidated appeal from a single use-of-force incident in Atlanta.  “On that fateful day, City of […]
March 18, 2026

Child’s Best Interest Standard Trumps Hallucination Sanction

An Illinois court held that a child’s best interest is always paramount in a termination of parental rights case and takes precedence over a sanction for reliance on hallucinated cases.  Prior Maryland precedent recognizes that parental rights “sink to insignificance” before a child’s best interests.  Child’s Best Interest Trumps Sanction for Possibly […]
March 16, 2026

Maryland’s Proposed Anti-Hallucination Rule

Maryland’s Standing Committee on Rules of Practice and Procedure will hold an open meeting on March 20, 2026. In part, the agenda includes a proposed artificial intelligence rule. Md. Rule 1-311 is the analog of Fed.R.Civ.P.26(g). As currently drafted, Rule 1-311 states that the signature of an attorney on a pleading or […]
March 15, 2026

Child’s Best Interest Trumps Sanction for Possibly Hallucinated Case Citation

A child’s best interest is always paramount in a termination of parental rights case.  In In re A.R. and N.R., Minors v. Sarah B., 2026 Ill. App.  (2d) 250299-U (Appl. Ct. Ill. 2nd Dist. Mar. 10, 2026), the court wrote: Further, respondent cites a case, In re K.B., 2019 IL App (3d) […]
March 14, 2026

A Court’s Standing Order on A.I.

In Lucas v. Scharf, 2026 WL 642917 (W.D. N. Car. Feb. 25, 2026), the court quoted its standing order on artificial intelligence: The Court’s Standing Order states: [b]riefs and memoranda prepared using [AI] platforms ( e.g. ChatGPT) have increased the Court’s concern regarding the reliability and accuracy of filings. In particular, the […]
March 13, 2026

Fourth Circuit Technology Agnostic Hallucination Decision Results in Admonishment

Hallucination decisions are “old news.” Hallucinations Are “Old News,” But a Recent Maryland Decision Addresses Ethical Contours (Jan. 17, 2026). Courts and litigants alike have erred. Litigant Forfeited Claim that Court Erred by Relying on Hallucinated/Fictional Cases (Mar. 11, 2026). The primary reason to discuss In re: Nwaubani, 2026 WL 687194 (4th […]
March 11, 2026

Does OpenAI Provide Legal Assistance?

In Nippon Life Ins. Co. of America v. OpenAI Foundation, et al., No. 1:26-cv-02448 (N.D. Ill. Mar 4, 2026), the plaintiff alleges that: “As a product of OPENAI, ChatGPT engages in the practice of law by providing users with legal analysis, legal advice, legal research, and produces drafted legal documents.” It alleges […]
March 11, 2026

Litigant Forfeited Claim that Court Erred by Relying on Hallucinated/Fictional Cases

A recent decision begins as follows: Joan Pablo Torres Campos (Torres) appeals from a family court order denying his request for shared custody and visitation of a dog. He contends the court committed error by citing and relying on fictitious case authorities in its order. We agree the court so erred, but […]
March 10, 2026

Discovery Permitted About Development and Use of AI Program

A broad discovery order was entered in Estate of Lokken v. United Health Grp., Inc., 2026 WL 658883 (D. Minn. Mar. 9, 2026).  Lokken is a putative class action “alleging that UnitedHealth Group, Inc., and naviHealth, Inc., used an artificial intelligence program called nH Predict to deny medical care coverage in violation […]
March 10, 2026

Maryland’s Artificial Intelligence Evidence Clinic Pilot Program

I previously reported that Bill to Create A.I. Evidence Clinic Pilot Program Was Vetoed in MD (Sep. 15, 2025). That bill has now become law and is codified in Md. Code Ann., Courts & Judicial Proceedings Article §13-101.2.  It states in full: 13-101.2. Artificial Intelligence Evidence Clinic Pilot Program Effective: January 15, […]
March 8, 2026

Preliminary Injunction Against California A.I. “Training Data Transparency” Act Denied

California enacted an “Artificial Intelligence Training Data Transparency” statute. Cal. Civ. Code §3111. It “requires developers of ‘a generative artificial intelligence system or service’ that is ‘publicly available to Californians for use’ to ‘post on the developer’s internet website documentation regarding the data used by the developer to train the generative artificial […]
March 6, 2026

Deepfakes – National Center for State Courts

Evaluating deepfakes, the National Center for State Courts asked: “Is anything ever truly new again?”  “Evidentiary Issues Raised by Artificial Intelligence: A Policy Paper” (Apr. 2025). In answering its own question—“What can courts do?”–the Center suggests the following questions that a court can pose to a proffering party to help determine whether […]
March 3, 2026

“Two Courts, Two Answers: When Does Using AI Waive Privilege?”

Jennifer Ellis, JD, LLC, has posted a very interesting blog, Two Courts, Two Answers: When Does Using AI Waive Privilege? – JLE (Feb. 21, 2026).  She compares the holding in  U.S. v. Heppner, __ F. Supp. 3d __, 2026 WL 436479 (S.D.N.Y. Feb. 17, 2026)(Rakoff J.), with Warner v. Gilbarco, Inc., 2026 […]
March 2, 2026

A.I. Privilege, Heppner, and How Did the Court Learn About the Absence of Certain Attorney-Client Communications Between Mr. Heppner and His Attorneys?

U.S. v. Heppner, __ F. Supp. 3d __, 2026 WL 436479 (S.D.N.Y. Feb. 17, 2026)(Rakoff J.), has exploded[1] across the blogsphere with its important, novel, and fact-based holding that a client’s artificial intelligence research: 1) was not at the direction of counsel; 2) used a non-confidential A.I. program that did not provide […]
February 23, 2026

Non-Party Waited Too Long to Request to Use A.I., and Did Not Provide Sufficient Details

A non-party did not request authorization to use artificial intelligence to respond to a subpoena until it asked the court to reconsider a prior discovery order.  The court wrote: “This proposal comes too late and is far too generic to suffice.” Mi Familia Vota v. Fontes, 344 F.R.D. 496, 529 (D. Ariz. […]
February 12, 2026

A.I. Documents Deemed Not Privileged

In AI Docs Sent By Exec To Attys Not Privileged, Judge Says – Law360 (Feb. 10, 2026), Pete Brush reported a bench ruling holding that “a Texas financial services executive accused of a $150 million fraud cannot claim privilege over documents that he prepared using an artificial intelligence service and sent to […]
January 17, 2026

Hallucinations Are “Old News,” But a Recent Maryland Decision Addresses Ethical Contours 

A hallucinated citation issue was addressed in Boyd v. Lee, 2026 WL 111263 (Appl. Ct. Md. Jan. 14, 2026)(unreported). Hallucinated case citations are “old news.”  To paraphrase, “[I]t is no longer amateur hour.” (Feb. 12, 2021)(citation omitted). Maryland has not been immune.  Maryland Fake Citation Case – Court Issues a Warning – […]
January 16, 2026

Book Review: Craig Ball, “The Leery Lawyer’s guide to AI and LLMs in Trial Practice”

Craig Ball’s “The Leery Lawyer’s Guide to AI and LLMs in Trial Practice” (2026), is available for free from his blog, 2026 Guide to AI and LLMs in Trial Practice | Ball in your Court. Craig is a national resource.  A list of his contributions to this field would fill a book. […]
January 15, 2026

Book Review: John Tredennick and William Webber, “Generative AI for Smart Discovery Professionals”

John Tredennick and William Webber published “Generative AI for Smart Discovery Professionals” (Merlin Search Technologies, Inc. 4th ed. 2025), available at no cost from Generative AI For Smart Discovery Professionals – Merlin Search Technologies (hereafter “Tredennick”). I had previously read John C. Tredennick, et al.,  TAR for Smart People – Google Books […]
January 13, 2026

Book Review: Jim Sullivan, “The Book on AI Doc Review”

Jim Sullivan’s “The Book on AI Doc Review” (eDiscovery AI 2024), is available in hardcover on Amazon for $6.75 or free at The Book on AI Doc Review. The thesis of the book is that “computers are capable of reviewing and classifying document better than humans.  And that’s a big deal in […]
January 12, 2026

Book Review: Tom O’Connor, “Artificial Intelligence for the Rest of Us”

Tom O’Connor’s book, “Artificial Intelligence for the Rest of Us” (Gulf Coast Legal Technology Center & Nextpoint 2025), is available from Amazon for $29.95. The co-authors are Rakesh Madhava, Brett Burney, Elizabeth Guthrie, and David D. Lewis. I reviewed Tom’s prior book, “Ediscovery for the Rest of Us,” in Book Review:  Any Ship Can […]
January 2, 2026

“Against an AI Privilege” – Are Prompts Discoverable?  Is Output?

Prof. Ira P. Robbins, published an important article, Against an AI Privilege – Harvard Journal of Law & Technology (Nov. 7, 2025). Prof. Robbins poses the question of whether communications with artificial intelligence systems “deserve protection in court under the rules of evidence akin to attorney-client, psychotherapist-patient, or spousal privileges.” He argues […]
December 28, 2025

Exception to Meet and Confer Requirement; and, Failure to Disclose Use of A.I.

In Allen v. Amazon, 2025 WL 3719889 (N.D. Tex. Dec. 23, 2025), the court applied a discretionary exception to the “meet and confer” requirement. It also declined to impose sanctions for violation of a Local Rule mandating disclosure of the use of artificial intelligence. EXCEPTION TO “MEET AND CONFER” REQUIREMENT In yesterday’s […]
December 22, 2025

A.I. Discovery

Disputes over the scope of discovery into A.I. – – for example, whether prompts are discoverable – – has led to a lot of debate. The issue was raised but not answered in Adams v. Best Western International, Inc., 2025WL 3560163 (D. Neb. Dec. 11, 2025). On the issue of discovery related […]
December 21, 2025

My Top Blogs from 2025

I posted 237 blogs this year to date. Many are on EDRM or JD Supra. Some that may be worth reading are: An “ESI Protocol” is Not a Rule 26(f) “Discovery Plan” What is the Purpose of an ESI Protocol? Court Addresses Seven Key Issues Artificial Intelligence in Maryland Courts “Just When […]
November 20, 2025

“Just When You Thought It Was Safe to Go Back Into the Water,” A.I. Hallucinates Metadata

The movie Jaws famously contained the line “Just when you thought it was safe to go back in the water…” Law360 reports Attys Beware: Generative AI Can Also Hallucinate Metadata – Law360 in a November 4th article by Daniel Garrie, Jennifer Deutsch, and Morgan Ward Doran. The article states: When AI generates […]
November 17, 2025

“Police use AI to draft reports in at least one Maryland county”

The Baltimore Sun reports that “Police use AI to draft reports in at least one Maryland county.”  The November 17th article by Josh Davis and Luke Parker states that the Wicomico County Sheriff’s office is using artificial intelligence to boost efficiency. This AI service, known as Draft One, links to body cameras. […]
November 3, 2025

Order Prohibiting Upload of Confidential Discovery Documents to Artificial Intelligence (“AI”)

“[T]he Court’s March 18, 2025 Fed. R. Civ. P. 26(c) protective order … is hereby modified to reflect that any documents marked confidential shall not be uploaded onto any AI platform.” Warner v. Gilbarco, Inc., 2025 WL 3047881 (E.D. Mich. Oct. 30, 2025)(emphasis in original). Apparently, the concern was that, if confidential […]
November 2, 2025

Maryland Fake Citation Case – Court Issues a Warning – Referral to Atty. Grievance Comm’n.

Fake citation or “hallucination” cases have become common.  See, e.g., Doug Austin, What’s Causing These AI Hallucinations and How to Fix It (Oct. 13, 2025)(reporting 772 cases in academic literature); Doug Austin, AI Hallucination Cases: A Compiled List (Jun. 9, 2025); Damien Charlotin, AI Hallucination Cases Database – Damien Charlotin (listing 507 […]
November 1, 2025

“Ex-Pikesville High principal impersonated in racist AI case settles lawsuit”

Dylan Segelbaum and Kristen Griffith report that Ex-Pikesville principal settles with BCPS [Baltimore County Public Schools] after racist AI impersonation – The Baltimore Banner (Oct. 31, 2025). The article states: “A settlement has been reached in a lawsuit that the former principal of Pikesville High School filed against Baltimore County Public Schools […]
September 25, 2025

Deepfakes Uncovered – iPhone 6 Could Not Have Captured the A.I.-Generated Evidence

Rossbach v. Montefiore became famous because a defense forensic expert proved that an emoji, which was allegedly displayed on plaintiff’s cell phone with a harassing text message, could not have been displayed on plaintiff’s iPhone 5.  The expert opined that the operating system for that phone did not support the emoji allegedly […]
September 15, 2025

Bill to Create A.I. Evidence Clinic Pilot Program Was Vetoed in MD

Senate Bill 655 was vetoed by the Governor.  It was titled “ Artificial Intelligence Evidence Clinic Pilot Program – Establishment.”  It would have established a pilot program in the Administrative Office of the Courts to develop a grant program designed “to provide expertise in the artificial intelligence” to the Maryland trial courts […]
August 24, 2025

Artificial Intelligence in Maryland Courts

“Just as the telegraph gave way to the telephone, the stagecoach gave way to the automobile, and the typewriter gave way to the word processor, so too will courtroom chalkboards, easels and blow-up placard charts give way to computer-generated exhibits.” Galves, 13 Harv. J. L. & Tech. at 300. In fact, some […]
August 17, 2025

US Navy’s First Fully Autonomous Ship Christened

The Baltimore Sun reports that the USX-1 Defiant, is a fully autonomous vessel, “which can sail without a crew….”  Baltimore Sun (Aug. 17, 2025).  The ship is the product of five years of work and: “The premise of the project was to make a naval ship that operates like a Roomba.”  Id. […]
August 14, 2025

Maryland’s Facial Recognition Technology Statute

I recently published a blog on Johnson v. State, 2025 WL 2237582, at *1 (Appl. Ct. Md. Aug. 6, 2025)(unreported), titled Criminal Conviction Reversed After State Failed to Timely & Fully Disclose its Use of a Type of Artificial Intelligence (Aug. 1, 2025).  In that decision, the Court reversed a criminal conviction […]
August 11, 2025

Criminal Conviction Reversed After State Failed to Timely & Fully Disclose its Use of a Type of Artificial Intelligence

“After a one-day trial in the Circuit Court for Montgomery County, a jury found Craig Donnell Johnson guilty of robbery. Before trial, Mr. Johnson had filed a motion to dismiss the case, arguing that the State had withheld the fact that it had used facial recognition technology (‘FRT’) to identify him as […]
May 16, 2025

“This Was a Collective Debacle”

In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations.  The Special Master pointed out some of them.  The plaintiff resubmitted a corrected filing; however, that second submittal still contained erroneous citations. Two strikes and you’re out.  The […]
May 15, 2025

“MyPillow CEO Can’t Delay Defamation Trial Over Atty AI Errors”

In MyPillow CEO Can’t Delay Defamation Trial Over Atty AI Errors – Law360 (May 14, 2025), Dorothy Atkins wrote that the Judge “denied MyPillow CEO Mike Lindell’s request to continue a defamation jury trial set for early June, finding her threat of discipline and media attention over mistakes stemming from defense counsel’s […]
May 5, 2025

“MyPillow Attys Blame Filing Error After Judge Suspects AI Use”

In MyPillow Attys Blame Filing Error After Judge Suspects AI Use – Law360 (Apr. 28, 2025), Andrea Keckley reported that: “Attorneys representing MyPillow CEO Mike Lindell in a defamation lawsuit from a former Dominion Voting Systems Corp. executive have told a Colorado federal judge that a February brief the court suspected of […]
March 1, 2025

Sedona Conference: Navigating AI in the Judiciary

The Sedona Conference has published “Navigating AI in the Judiciary: New Guidelines for Judges and Their Chambers,” 26 Sedona Conf. J. 1 (Feb. 2025); see also Navigating AI in the Judiciary: New Guidelines for Judges and Their Chambers – EDRM. The publication illustrates the old military maxim that “any ship can be […]
November 12, 2024

“Delaware Judges, Law Clerks Cleared to Use Generative AI Tools”

In Delaware Judges, Law Clerks Cleared to Use Generative AI Tools (Bloomberg Law Oct. 22, 2024) Jennifer Kay reports that “Delaware judges, law clerks, and other court staff using approved generative artificial intelligence tools assume responsibility for the accuracy of any materials produced with the emerging technology, under an interim policy announced […]
October 4, 2024

“FTC’s AI Crackdown” on Allegedly “Overhyped” Claims About AI

A recent post by Tonya Riley, Cassandre Coyer, and Justin Wise discusses FTC’s AI Crackdown Pushes Boundaries of Its Oversight Power (1) (bloomberglaw.com)(Sept. 27, 2024). The article reports that the FTC’s “Operation AI Comply” involves an enforcement action targeted at five companies. The Federal Trade Commission’s actions against companies it said were […]
February 2, 2024

Public Comments on Proposed 5th Circuit A.I. Rule

In Attys Split On 5th Circ.’s Proposed AI, Accuracy-Check Rule – Law360 (Jan. 30, 2024), Lauren Berg reported on the current status of a 5th Circuit proposed A.I. rule.[1] Ms. Berg’s article stated that reactions “span from one end of the spectrum to another, with some saying it will stifle the benefits […]
December 2, 2023

Should Courts Use Standing Orders or Local Rules to Address A.I.?

Some courts have issued Standing Orders governing the use of A.I.  Another viewpoint is that a better approach is to use Local Rules.  See Shweta Watwe, Judges Reflect on GenAI Use One Year After ChatGPT’s Debut (bloomberglaw.com)(Nov. 28, 2023).  This blog is based on Ms. Watwe’s excellent article and, in the interest […]
September 27, 2023

A Review of Sedona’s “Artificial Intelligence (AI) and the Practice of Law” by The Hon. Xavier Rodriguez

“Artificial Intelligence (AI) and the Practice of Law,” by the Hon. Xavier Rodriguez, is available at 24 Sedona Conf. J. 783 (forthcoming 2023).[1]  The article focuses on issues that “practicing attorneys are likely to encounter and steps state bars and related entities should consider.” Id. at 786.  Sedona’s website states: Judge Rodriguez […]