Drive Better Outcomes

“The irony.” So wrote federal district judge Laura M. Provinzino when she rejected as unreliable an artificial intelligence expert’s report that was found to have contained three non-existent, AI-generated citations. The “irony” here was supplied by the fact the expert’s expertise is on AI’s capacity to mislead, and the case itself involved a First Amendment…

New Jersey appears poised to become the next state to explicitly add a duty of technology competence to its professional code of ethics. Proposed revisions to the New Jersey Rules of Professional Conduct would, if adopted, make New Jersey the forty-first state to include technology competence among the many other professional competencies a modern lawyer…

The devastating wildfires that raced through southern California these past few weeks caused loss of life, property damage in the billions of dollars, and upheaval in the lives of millions of Americans who live in that region. Lawyers, of course, were not exempted from the tragedy. Numerous law firms impacted by the fires have been…

Last week’s blog recounted the story of a litigator surprised by the unannounced, off-camera presence of the witness’s mother in the room during her son’s remote deposition. That should never have happened and, in modern practice, it most likely would not, due to the increasing prevalence of remote deposition protocols in pretrial discovery planning documents.…

The Washington Supreme Court recently approved significant revisions to that state’s procedural rules on remote depositions. Revised Rule 30 of the Washington Civil Rules will now allow remote depositions to be noticed without leave of court, subject to a very short time window for filing objections. The new rules also contain detailed restrictions on attorney…

“A review of the transcript demonstrates that Grosso’s deposition was a waste of time.” A fair reading of the facts set out in Phillips Auctioneers LLC v Grosso, 2024 NY Slip Op 33906 (N.Y. Sup. Ct., N.Y. Cty., Oct. 31, 2024), a contract dispute, suggests that both the witness and his attorney were determined to make…