PerSpective Mediation

Is AI a Threat to Privacy Rights?

Mark R. Osherow, Esq. Artificial intelligence is a threat to privacy rights, but not simply because it collects more information. Its deeper threat is doctrinal. AI changes what counts as a privacy injury. Traditional privacy law often focused on collection, disclosure, and misuse of identifiable information. AI shifts the problem toward inference, aggregation, prediction, and replication, which are extremely difficult to detect....

Is AI a Threat to Privacy Rights? Mark R. Osherow, Esq. Artificial intelligence is a threat to privacy rights, but not simply because it collects more information. Its deeper threat is doctrinal. AI changes what counts as a privacy…

Florida Supreme Court Adopts Statewide Rule Governing AI Use in Court Filings

Florida Supreme Court Adopts Statewide Rule Governing AI Use in Court Filings Mark R. Osherow A Measured Response to a Growing Problem The Florida Supreme Court has taken a significant step in addressing the growing role of artificial intelligence in legal practice. In a una…

Why I Dive: The Quiet Joy, Discipline, Perspective, and Storytelling of Recreational Scuba

Why I Dive: The Quiet Joy, Discipline, Perspective, and Storytelling of Recreational Scuba Mark Osherow, Master Diver I am writing this from Cozumel, where the water has a way of changing one’s sense of time. Above the surface, the world is bright, busy and moving quickly. There are many…

Is AI a Threat to Privacy Rights?

Mark R. Osherow, Esq. Artificial intelligence is a threat to privacy rights, but not simply because it collects more information. Its deeper threat is doctrinal. AI changes what counts as a privacy injury. Traditional privacy law often focused on collection, disclosure, and misuse of identifiable information. AI shifts the problem toward inference, aggregation, prediction, and replication. A system may learn intimate facts without a direct disclosure, generate a synthetic substitute for a person, or affect a person through automated scoring and categorization....

Is AI a Threat to Privacy Rights? Mark R. Osherow, Esq. Artificial intelligence is a threat to privacy rights, but not simply because it collects more information. Its deeper threat is doctrinal. AI changes what counts as a privacy…

Morgan v. V2X, Inc.: A Meaningful Pro Se Work-Product Win on AI, But Not a Judicial Endorsement of Careless AI Use

Mark R. Osherow My April 2, 2026 article argued that, at least on the current public record, the stronger legal risk arising from public-access GPT use is not a mature pattern of adversaries obtaining regurgitated confidential information from the model itself. It is the more traditional and better-developed risk of waiver, loss of confidentiality, and discoverability when lawyers or litigants voluntarily place sensitive material into a third-party system and thereby create prompt-and-output artifacts that may later be sought in discovery....

Morgan v. V2X, Inc.: A Meaningful Pro Se Work-Product Win on AI, But Not a Judicial Endorsement of Careless AI Use Mark R. Osherow My April 2, 2026 article argued that, at least on the current public record, the stronger legal risk arising from public-access GPT use is not a mature pattern of adversaries obtain…

Public-Access GPTs and Confidential Information: Why the Stronger Legal Risk Is Waiver and Discoverability, Not Proven Adversarial Exposure

Mark R. Osherow The current debate over lawyers’ use of public-access AI GPTs often frames the issue as though the principal danger is that a model will somehow “spit back” a client’s confidential information to the wrong person and that the adversary will then use it in litigation. On the present public record, that proposition is only weakly supported, at best....

Public-Access GPTs and Confidential Information: Why the Stronger Legal Risk Is Waiver and Discoverability, Not Proven Adversarial Exposure Mark R. Osherow The current debate over lawyers’ use of public-access AI GPTs often frames the issue as though the principal danger is that a model will somehow “spit back” a client’s confidential …

Can an AI platform practice law such that it could be deemed to be engaged in the unlicensed practice of law (UPL)?

Nippon Life v. OpenAI and the Limits of the Unauthorized Practice of Law Doctrine Mark R. Osherow Summary: Nippon Life Insurance Company of America v. OpenAI Foundation and OpenAI Group PBC is a novel federal lawsuit that tries to recast AI-assisted self-representation as unauth…

Important decision addressing the Binger analysis for late disclosed evidence.

Deadline Discipline or Procedural Overkill? From Binger to Strict Enforcement: Has Florida Civil Procedure Gone Too Far? Mark R. Osherow, Esq. Crecelius v. Rizzitano, No. 6D2024-2217, slip op. at 24 (Fla. 6th DCA Feb. 27, 2026) (en banc). Holding: “Where a party fails to meet a disclosure deadline set forth in a case…

Florida Lawyer | AI-Powered Legal Intelligence for Florida Attorneys

Florida Lawyer | AI-Powered Legal Intelligence for Florida Attorneys Promotion: 1MONTH Florida Lawyer AI — What Makes It Different Florida-specific, not generic AI — Built on Florida Rules of Civil Procedure, Florida statutes, and Florida case law. ChatGPT/Claude don't know your local rules. Upload a complaint, get instant strategic analysis — Identifies missing elements, weak allegations, and dismissible counts in seconds....

Florida Lawyer | AI-Powered Legal Intelligence for Florida Attorneys Florida Lawyer | AI-Powered Legal Intelligence for Florida Attorneys Promotion: 1MONTH Florida Lawyer AI — What Makes It Different Florida-specific, not generic AI — Built on Florida Rules of Civil…

I looked the legal AI products out there. ChatGPT. Harvey. Claude. Paxton. None of them know Florida law. So I built one that does . This isn’t vibe-coded slop. I hired real engineers — backgrounds at the US Navy, Equinor, Oliver Wyman — and we built Florida Lawyer from the ground up for Florida …