PerSpective Mediation

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…

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…

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…

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…

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…

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 …

03/21/2026

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

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…

03/21/2026

Important decision addressing the Binger analysis for late disclosed evidence.

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…

03/12/2026

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 Promotion: 1MONTH Florida Lawyer AI — What Makes It Different Florida-specific, not generic AI — Built on Florida Rules of Civil…

03/10/2026

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 …