Effective discovery requires more than compliance - it requires strategy. Litigators can balance expansive discovery rights and privacy concerns without slowing cases down through practical, results-focused approaches that consider proportionality, electronically stored information management, and the specific discovery rules applicable to their jurisdiction.
"What's most problematic is that the extraordinary has become ordinary. It's just a matter of course now that when you issue an opinion that some people don't like, you're going to get threats, you're going to get death threats, and that is obviously problematic on many levels."
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on Tuesday, January 20, concluding that a district court abused its discretion in granting motions to exclude two of Dr. Mark A. Barry's experts and granting judgment as a matter of law (JMOL) to DePuy Synthes Companies. The panel included Judges Stark, Taranto and Prost and Judge Stark dissented.
AI will replace some tasks, reshape many roles, and change how legal services get delivered, but it is far less likely to replace the full lawyer function where judgment, strategy, persuasion, and accountability still drive value.
Some people really struggle with distinguishing between individual and systemic responsibility when both are at play. For example, as important as it is to make sure that individual drivers obey speed limits and pay attention to the road and that pedestrians look both ways before they cross the street, intersections are a structural factor that can amplify harms depending on how they're planned and built.
For my money, judicial arrogance and an "overinflated view of their intelligence and their abilities" would look like basing a politically motivated, but legally dubious Second Amendment opinion around a bunch of cases that conclude the opposite way if the judge bothered to read them. Or maybe using their perceived clout to blackmail a law school for not disrespecting student speech enough.
If you are a lawyer, are interested in being an AUSA, and support President Trump and anti-crime agenda, DM me. We need good prosecutors. And DOJ is hiring across the country. Now is your chance to join the mission and do good for our country.- Chad Mizelle (@chad_mizelle) January 31, 2026
Since the release of ChatGPT in late 2022, the frequency of court submissions riddled with AI-hallucinated gibberish has increased exponentially. Now, more than three years later, it seems that not a week goes by without a headline about yet another case in which a lawyer has submitted briefs to the court full of AI-hallucinated gibberish.
Drawing from years in public defense and her work co-founding Partners for Justice, she explains why the criminal legal system often punishes instability rather than crime - and how policy choices, not individual morality, frequently determine who enters the system.
It's not only law firms and legal departments that are adopting GenAI systems without fully understanding what they can and cannot do - court systems may also be tempted to adopt these tools to short circuit workloads in the face of limited resources. And that poses some risks and concerns to the rule of law, a notion that hinges on accuracy, fairness, and public perception.
They don't drive it. They don't manage it. They don't control it. They let it control them. And then one day, they look up and realize discovery closed last week, the client is asking why nobody has taken the key depo, the adjuster wants a status report "by the end of the day," and the partner is asking the question that makes your stomach drop: "Where are we on this file?"
A majority of justices say this 16-judge court likely has jurisdiction over lawsuits regarding thousands of National Institutes of Health federal research grants that the Trump administration has tried to terminate, as well as other fights concerning canceled grants. If the Supreme Court sticks by its current thinking in final rulings, the Court of Federal Claims could be handling fights over countless grants that the Trump administration and future higher ed-targeting presidencies may try to cancel in the future.
