PerSpective Mediation

Honoring the Work That Builds Our Communities

Post:This Labor Day, Osherow PLLC recognizes the dedication, resilience, and hard work of the people who keep our businesses, communities, and country moving forward. We are grateful for the professionals, workers, entrepreneurs, and families whose efforts shape the places we live and work every day. Wishing everyone a safe and meaningful Labor Day. Osherow PLLCStrategic Counsel. Practical Solutions.

Honoring the Work That Builds Our Communities Post:This Labor Day, Osherow PLLC recognizes the dedication, resilience, and hard work of the people who keep our businesses, communities, and country moving forward. We are grateful for the profes…

Florida Appellate Practice Changes Today: New Requirements for Jurisdiction and Preservation in Initial Briefs

Mark R. Osherow Effective September 1, 2026, at 12:01 a.m., Florida appellate practitioners face two important new requirements for initial briefs. The Florida Supreme Court has amended Florida Rule of Appellate Procedure 9.210 to require appellants to expressly address both why the appellate court has jurisdiction and where each appellate issue was preserved in the trial court. In re Amendments to Florida Rules of Appellate Procedure…...

Florida Appellate Practice Changes Today: New Requirements for Jurisdiction and Preservation in Initial Briefs Mark R. Osherow Effective September 1, 2026, at 12:01 a.m., Florida appellate practitioners face two important new requirements for initial briefs. The Florida Supreme Court has amended Florida Rul…

Florida Supreme Court Rejects “Unified Claim” Exception to Joint Proposal Apportionment Requirement

Trace Elements, Inc. v. MacKensen reinforces Florida’s strict-compliance rule for proposals for settlement Mark R. Osherow, Esq. Florida’s proposal-for-settlement procedure remains one of the most powerful—and unforgiving—fee-shifting tools in Florida civil litigation. In Trace Elements, Inc. v. MacKensen, No. SC2024-1274, 2026 Fla. LEXIS 1011, 2026 WL 1901612, 51 Fla. L. Weekly S197 (Fla. July 2, 2026), the Florida Supreme Court held that a joint proposal for settlement must apportion the amount and terms attributable to each party under Florida Rule of Civil Procedure 1.442(c)(3), even when the proposal concerns a single, unified claim for undifferentiated damages....

Florida Supreme Court Rejects “Unified Claim” Exception to Joint Proposal Apportionment Requirement Trace Elements, Inc. v. MacKensen reinforces Florida’s strict-compliance rule for proposals for settlement Mark R. Osherow, Esq. Florida’s proposal-for-settlement procedure remains one of the most …

Happy 4th of July. 250 years of independence.

Celebrating 250 years of Independence As our nation approaches 250 years of independence, Osherow, PLLC joins in honoring the ideals that began on July 4, 1776 and continue to shape our civic life today: liberty, justice, the rule of l…

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 …