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New Question for Expert Witness: Who Drafted This Report, You Or Your Machine?

A federal judge in Minnesota recently granted a motion to exclude an expert declaration explaining the dangers of AI deepfakes because the declaration itself contained AI-hallucinated citations. The case was a First Amendment...more

Happy Fiftieth, Maryland Federal Public Defenders

Well. Let’s just say the next two plus hours did not follow the script. The event was emceed by Judge James K. Bredar, a former Chief Judge and Federal Public Defender for the District, who kicked off the ceremony by reading...more

Why Maryland Did Not Ratify the Fourteenth Amendment (Until 1959)

The possible disqualification of former President Trump from the 2024 presidential election has kindled interest in the original public meaning of the Fourteenth Amendment. Unfortunately, Maryland’s consideration of the...more

Lawyer Discipline for Discriminatory Speech - A Pennsylvania Decision Raises Questions About Maryland Rule 19-308.4(e)

A federal judge has held that Pennsylvania’s Rule 8.4(g),1 which subjects lawyers to professional discipline for engaging in discriminatory conduct, violates both the free speech clause of the First Amendment and the due...more

Can Texas Force Lawyers to Pay the Prevailing Party's Legal Fees in Federal Litigation?

The new Texas abortion law known as S.B. 8 has been the subject of extensive commentary for its “bounty” cause of action against abortion providers and “aiders and abettors.” But the law creates a second cause of action that...more

Employment and Ethics Obligations for Departing Attorneys: Checking in on a Pending Case

Many ethics attorneys were intrigued by media reports of a complaint filed in February by Elliott Greenleaf, P.C. against four firm shareholder-attorneys and a paralegal who left the firm’s Wilmington office to join Armstrong...more

Should Every Maryland Lawyer Who Commits A Dishonest Act Be Disbarred?

Maryland is harsh on lawyers who commit dishonest acts. Since Attorney Grievance Commission v. Vanderlinde, 773 A.2d 463 (Md. 2001), the Court of Appeals has stated many times that the presumptive sanction for dishonest acts...more

The Other Rules of Professional Conduct

In October 2019, the Maryland State Bar Association’s Committee on Ethics published an opinion discussing a Maryland attorney’s duty to report the unauthorized practice of law by a non-Maryland attorney. A footnote to the...more

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