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Florida Supreme Court Rejects “Unified Claim” Exception to Joint Proposal Apportionment Requirement

Trace Elements, Inc. v. MacKensen reinforces Florida’s strict-compliance rule for proposals for settlement Mark R. Osherow, Esq. Florida’s proposal-for-settlement procedure remains one of the most powerful—and unforgiving—fee-shifting tools in Florida civil litigation. In Trace Elements, Inc. v. MacKensen, No. SC2024-1274, 2026 Fla. LEXIS 1011, 2026 WL 1901612, 51 Fla. L. Weekly S197 (Fla. July…

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Happy 4th of July. 250 years of independence.

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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…

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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 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…

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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 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…

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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…

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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…

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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. However, confirmed exposure…

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

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Important decision addressing the Binger analysis for late disclosed evidence.

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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,…

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I looked the legal AI products out there. ChatGPT. Harvey. Claude. Paxton. None of them know Florida law.

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…

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FLLAWYER.AI Take your Florida Litigation Practice to the next level.

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,…

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When “no” Costs You Your Commission: Lessons from Carmona Realty Group v. Fernandez on Broker Entitlement, the Statute of Frauds, and the Limits of Seller Discretion

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…

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When Vacatur Isn’t an Appeal: Broward Court Confirms AAA Consumer Award Against Mercedes-Benz of Fort Lauderdale

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…

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Heppner, Not Hysteria: A Pragmatic Standard for AI Confidentiality in Law Practice

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…

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Heppner and the Privilege Trap of Generative AI: A Narrative Practice Note (with sample client letter)

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…

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