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AI Conversations Feel Private. Could They Be Privileged?
FEATURED
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…
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…
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…
Fourth Amendment the Loser in BALCO Ruling
September 27, 2010
Fourth Amendment the Loser in BALCO Ruling
By: Ifrah Law
A recent ruling of the U.S. Court of Appeals for the 9th Circuit is a win for Major League Baseball players whose drug-testing records must now be returned to them after they were improperly seized in a 2002 federal steroids probe. But it’s not a win for Fourth Amendment values. In a September 13, 2010, en banc ruling, the appeals court took a major step…
For Convicted CEO, Legal Fee Payment Depends on the Agreement
September 17, 2010
For Convicted CEO, Legal Fee Payment Depends on the Agreement
By: Ifrah Law
When is a company obliged to pay the legal fees of a wayward employee? The answer generally depends on the precise wording of the employee agreement, if an agreement exists. A good case in point is the recent one of Frances Flood, the CEO of ClearOne Communications, who left the company in 2004 while under SEC investigation. Things didn’t turn out well for her:…
Impeachment Trial of Federal Judge Raises Issue of ‘Kickbacks’
September 16, 2010
Impeachment Trial of Federal Judge Raises Issue of ‘Kickbacks’
By: Ifrah Law
The impeachment trial of U.S. District Judge G. Thomas Porteous Jr. is continuing before a U.S. Senate committee. Porteous, a federal judge in New Orleans, is accused of four counts of corruption. Each count is referred to as an article of impeachment. The first article of impeachment involves what some have described as a “kickback” scheme. Porteous, as a state court judge before he was…
Why Did Craigslist End ‘Adult Services’ Section?
September 6, 2010
Why Did Craigslist End ‘Adult Services’ Section?
By: Ifrah Law
We noted last May that the popular Craigslist website faced major flak from state attorneys general and from anti-prostitution groups over its “Adult Personals” section, which many say was a thinly veiled venue for prostitution. On September 3, Craigslist abruptly discontinued the “Adult Personals” section and replaced the link with the word “Censored.” Craigslist didn’t state any reason for this step, and many observers are…
Md. Case: An Issue of Medical Judgment or Criminal Fraud?
September 3, 2010
Md. Case: An Issue of Medical Judgment or Criminal Fraud?
By: Ifrah Law
On September 1, 2010, John R. McLean, a former cardiologist based in Salisbury, Md., was indicted by a federal grand jury for health care fraud and for making false statements to Medicare and Medicaid. McLean is charged with performing operations to insert stents – devices to treat coronary disease – in the arteries of patients who did not need them according to accepted medical practice,…
