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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…

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 unanimous administrative action issued on May 28, 2026, the Court amended Rule 2.515 of the Florida Rules of General Practice and Judicial Administration to require attorneys and self-represented…

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 distractions and sounds. Below the surface, everything slows. The current carries you over coral formations, sponges, sea fans, turtles, rays, and fish, including species such as the toadfish, which…

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…

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…

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. However, confirmed exposure…

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,…

So I built one that does .https://fllawyer.ai/ 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 civil litigation. Verified Florida case citations. Element-level analysis. Strategic weakness detection in opposing filings. Court-ready documents under the 2025 Florida Rules. Built by…

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,…

Case Citation: Carmona Realty Group, LLC v. Diana Fernandez, Case No. 3D24-2164, Florida Third District Court of Appeal (January 14, 2026). Mark R. Osherow, Esq. Introduction Imagine a licensed real estate broker dedicating months to marketing a property, securing multiple offers that match or surpass the agreed listing price, only to see the seller reject them all without valid cause. Is the…

A Florida reminder that arbitration review is narrow, waiver is real, and “exceeded powers” is not a merits do-over. Mark R. Osherow, Esq. Florida trial judges regularly say it, district courts of appeal regularly repeat it, and yet post-award motions keep arriving that ask for what Florida arbitration law does not permit: an appellate-style review of an arbitrator’s reasoning. An order dated…

Mark R. Osherow The written memorandum in United States v. Heppner (see prior post) has reignited an old debate in a new setting: must lawyers run their AI tools entirely in‑house, behind firewalls and under maximum isolation, to preserve privilege and confidentiality? My view remains that this is an overcorrection. For the vast majority of matters, paid Business or Enterprise…

Mark R. Osherow When the Southern District of New York issued its written memorandum in United States v. Heppner on February 17, 2026, the court did not create a new body of “AI law.” It applied familiar privilege and work‑product principles to a twenty‑first‑century fact pattern and arrived at a result that should have been predictable: a defendant’s strategy‑laden chats with a consumer…

Mark R. Osherow Artificial intelligence is no longer a speculative topic in legal education or a shiny “innovation” confined to large firms. It is already reshaping how lawyers research, draft, analyze records, manage discovery, communicate with clients, and price legal services. What makes this moment different from prior waves of legal technology is not simply that AI can automate routine…