Posts by Mark R. Osherow

Is AI a Threat to Privacy Rights?
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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,…

Get the trialstrategist.ai advantage
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trialstrategist.ai/ ⚖️ CASE & PLEADING WORKFLOWS Trigger Phrase Function “Run Case Intake Workflow.” Conducts conflict check, engagement letter draft, and matter setup. “Analyze Complaint for causes of action and jurisdiction.” Summarizes claims, identifies missing elements, cites Fla. R. Civ. P. 1.110 &…

Mediation and Settlement in Florida Civil Litigation: Strategy, Process, and Reform
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In contemporary Florida civil litigation, mediation has evolved from a peripheral procedure to a fundamental element of the civil case management system. It is no longer a mere adjunct to trial preparation but a strategic forum for risk evaluation, client management, and…

Proceedings Supplementary and the Limits of Federal Ancillary Jurisdiction: Lessons from Casa Express v. Venezuela
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Florida’s proceedings supplementary statute, section 56.29, Florida Statutes, provides judgment creditors with a powerful post-judgment mechanism to uncover and reach assets of a judgment debtor that have been concealed, transferred, or placed in the hands of third parties. Florida courts treat the…

Rehearing or Waiver: The Expanding Necessity of Motions Under Florida Rule 1.530 to Preserve Appellate Rights
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The motion for rehearing in Florida civil practice has always existed at the procedural intersection between trial and appeal, serving as a mechanism through which parties ask the trial court to reconsider a ruling or to supply omitted reasoning before invoking…

Gatekeeping After Daubert, Updated for the 2023 Rule 702 Amendment: A Florida-and-Federal Practitioner’s Guide
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The center of gravity for expert-evidence law remains the Supreme Court’s trilogy—Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999). What has…

The Moral Architecture of Discovery: Technology, Proportionality, and the Lawyer’s Duty of Candor
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A Profession at an Inflection Point Discovery has always been more than procedure. It is where law meets truth, and where professionalism is tested not by rhetoric, but by restraint. The lawyer who handles discovery well demonstrates more than mastery of rules;…

Admitting Archived Website Versions in Court: A Modern Evidentiary Challenge
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In the courtroom of the digital age, evidence no longer fits neatly into folders and boxes. Increasingly, attorneys are reaching back through time—not to find a witness, but a website. TheInternet Archive’s Wayback Machine, a vast repository of historical internet content,…

The 2026 Guide to Buying Back Your Time: 40 Small Habits That Add Up Fast
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Most “time management” advice fails because it asks for a personality transplant: wake up at 4:30 a.m., plan every minute, never scroll, never snack, never be human. Real life doesn’t work that way. What does work in 2026 is micro-efficiency: a handful…

