Posts by Esquire Deposition Solutions
Client Use of AI Creates Possibly Discoverable Information
Judge Jed Rakoff’s recent opinion in United States v. Heppner has generated quite a bit of discussion among litigators for its conclusion, apparently a first, that divulging information to a consumer-grade generative artificial intelligence tool prevented assertion of attorney-client privilege over both the inputs to, and outputs of, the tool. The ruling may not come…
Read MoreProven Steps to Efficiently and Ethically Obtain HIPAA-Protected Medical Records
Medical records win and lose civil cases. They corroborate testimony, quantify damages, and often compel early settlements. However, medical records are protected by the federal Health Insurance Portability and Accountability Act (HIPAA) and, in many states, by state-level health privacy protections as well. For this reason, litigators seeking medical records during pretrial discovery encounter hurdles…
Read MoreWhen Depositions Are the Least Burdensome Form of Discovery
Civil litigators accustomed to treating depositions as the most expensive option in pretrial discovery may want to reconsider. In some situations, a deposition can prove less burdensome than interrogatories or document production requests — particularly when a party faces the daunting prospect of collecting, reviewing, and producing large volumes of electronically stored information. Understanding when…
Read MoreFlorida Trial Courts Demand Disclosure of AI Use in Pleadings
The two largest judicial districts in Florida will now require lawyers to certify whether artificial intelligence was used in any fashion to create pleadings filed in their courts. Legal research and document drafting, both common uses of generative artificial intelligence, are covered by the certification requirement, as are discovery materials such as deposition summaries. The…
Read MoreProposed Rule 45 Amendments Clarify Subpoena Power Over Distant Witnesses
February 16 is the end of the public comment period on recently proposed federal rule changes affecting remote testimony and remote depositions. The rules revisions would make clear that federal trial courts have authority to order nonparties to give remote trial testimony from locations within 100 miles of their residence or employment address. The rules…
Read MorePredictions for 2026: More AI, More Litigation
No one can reliably predict the future – not even Harvey, Claude, Paxton, or any of those other fast-talking, self-assured helperbots. Except if the prediction concerns the state of the legal profession in 2026. On that topic, everyone agrees. Artificial intelligence will radically reshape the practice of law in 2026. Most attorneys now believe that…
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