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AI Conversations Feel Private. Could They Be Privileged?

AI Conversations Feel Private. Could They Be Privileged?

June 11, 2025

AI Conversations Feel Private. Could They Be Privileged?

By: Robert Ward

The New York Times’ lawsuit against OpenAI continues to spark debate, and not just about copyright. Most recently, a federal magistrate judge ordered OpenAI to preserve chats that the company might otherwise have deleted at a user’s request. In response, OpenAI CEO Sam Altman suggested that it may be time for a version of the attorney-client or physician-patient privilege, but for AI. While any attempt to define such an  “AI privilege” would involve tackling difficult questions about our relationships with AI systems, the more likely barrier will be the general reluctance to recognize new evidentiary privileges, particularly in federal courts. The expansive AI privilege Altman appears to envision is therefore unlikely to materialize any time soon. The premise of Altman’s…

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It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism

May 19, 2025

It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism

By: Sara Dalsheim

Government efficiency and spending is a hot topic of controversy in the United States. But even in the context of heated “DOGE” fights, there are proven examples of government efficiency and reduced spending that are clearly working—the passing of measures like the Second Chance and First Step Acts in an effort for mass incarceration and recidivism reduction. The U.S. government spends a total of $80.7…

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A Luigi Mangione Death Penalty Trial

April 15, 2025

A Luigi Mangione Death Penalty Trial

By: James Trusty

The Attorney General’s recent announcement that DOJ will seek the death penalty against Luigi Mangione raises a host of interesting legal and philosophical issues, and it almost certainly reflects a dramatic about-face from the Biden administration’s approach towards federal prosecutions for death-eligible offenses. Aside from having personally prosecuted three death penalty trials while I was an Assistant U.S. Attorney in Maryland and when I was…

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DC Attorney General Testifies That DC Online Gaming Law Does Not Violate Federal Law

June 30, 2011

DC Attorney General Testifies That DC Online Gaming Law Does Not Violate Federal Law

By: Ifrah Law

The D.C. Council held a hearing on June 29, 2011, to discuss the implementation of a new law that is scheduled to go into full effect on Sept. 8, allowing legal online gaming within the D.C city limits. This would make the District of Columbia the first jurisdiction in the United States to legalize online gaming for money. The hearing also marked the first time…

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New House Bill May Open Door to Legal Online Poker

June 26, 2011

New House Bill May Open Door to Legal Online Poker

By: Ifrah Law

The momentum toward federal legalization of online poker took a significant step forward on Friday, June 24, when Rep. Joe Barton (R-Tex.) held a press conference to discuss the details of his legalization bill. The “Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011” would both legalize online poker and create a new federal agency to oversee its administration. Rep. Barton said…

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Court of Appeals 9th Circuit to D.C. Circuit: We’ll See You in [The Supreme] Court

June 24, 2011

Court of Appeals 9th Circuit to D.C. Circuit: We’ll See You in [The Supreme] Court

By: Ifrah Law

Yesterday, the US Court of Appeals for the 9th Circuit cleared the way for the extortion case against Former Rep. Rick Renzi (R-Ariz.) to proceed to trial. In the process, they flatly disagreed with a 2007 ruling by the Court of Appeals for the D.C. Circuit on a US representative’s right to advance notice for search and seizure. Given this conflict between two appeals courts…

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Good-Faith Rule Applies to Document Destruction

June 20, 2011

Good-Faith Rule Applies to Document Destruction

By: Ifrah Law

Big cases can turn on a little rule of evidence called spoliation. The rule recognizes that a trial court has the inherent authority to sanction a party for destroying, altering, or failing to preserve property that the opponent could have used as evidence. A recent decision in the Eastern District of Virginia serves as a reminder that a judge’s decision to award sanctions — and…

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Disqualification of AUSA in Scruggs Case Is Message to Prosecutors

June 13, 2011

Disqualification of AUSA in Scruggs Case Is Message to Prosecutors

By: Ifrah Law

The botched prosecution of Senator Ted Stevens was a wake-up call of sorts for the U.S. Department of Justice that there would be severe consequences for prosecutors who did not comply with obligations under Brady and related cases. The Department took another hit recently when a federal judge removed an Assistant United States Attorney from the case against the son of disgraced anti-tobacco attorney Richard…

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Articles and Presentations by Our Firm Attorneys

AI Conversations Feel Private. Could They Be Privileged?

AI Conversations Feel Private. Could They Be Privileged?
By: Robert Ward

It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism

It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
By: Sara Dalsheim

A Luigi Mangione Death Penalty Trial

A Luigi Mangione Death Penalty Trial
By: James Trusty

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