PerSpective Mediation

PerSpective Mediation Mediation

Florida Appellate Practice Changes Today: New Requirements for Jurisdiction and Preservation in Initial BriefsMark R. Os...
09/02/2026

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…...

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 RequirementTrace Elements, Inc. ...
08/01/2026

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....

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.
07/04/2026

Happy 4th of July. 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 si...
06/03/2026

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....

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
06/02/2026

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
06/02/2026

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 si...
04/19/2026

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....

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 UseMark R...
04/05/2026

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....

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 A...
04/02/2026

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....

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 …

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