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Areas of Interest
June 9th, 2023
Lawyers Blame ChatGPT For Tricking Them Into Citing Bogus Case Law
Litigation Partners Tyler Maulsby and Ronald C. Minkoff, and Litigation Associate Ashley Alger are mentioned in articles published by ABC News, Bloomberg News, Courthouse News Service, Law360, Los Angeles Times, New York Daily News, New York Law Journal, and The New York Post. Tyler is quoted in the article, "Lawyer Who Cited Bogus Legal Opinions From ChatGPT Pleads AI Ignorance," published by Courthouse News Service. The article discusses attorney Steven Schwartz's court filings which included fake case citations generated by ChatGPT. Arguing that Mr. Schwartz had not acted in bad faith, Tyler is quoted saying, “There has to be actual knowledge that Mr. Schwartz knew he was providing bad cases ... or that ChatGPT would be providing bad cases."
Read the full Courthouse News Service article here.
Ron is quoted in the article, "‘I Failed Miserably’: Lawyer Who Used ChatGPT in Brief Explains Fake Cases to Judge," published by Bloomberg News. The article discusses Steven Schwartz's embarrassment over the ChatGPT invented cases he cited in a case brief. Ron is quoted saying, "the case is 'schadenfreude for any lawyer,' because lawyers have historically had difficulties with new technology.” Ron adds, "the public embarrassment they've been exposed to is deterrent enough."
Read the full Bloomberg News article here. (Behind Paywall)
Ron is quoted in the article, "Humiliated’ NY lawyer who used ChatGPT for ‘bogus’ court doc profusely apologizes," published by The New York Post. The article discusses Schwartz's recent hearing in which he profusely apologized to the judge over the mishap. Ron is quoted saying, "There was no intention[al] misconduct here. This was the result of ignorance and carelessness. It was not intentional and certainly not in bad faith.”
Read the full The New York Post article here.
Other Quoted
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025
Companies Sought Help From Privacy Vendors. They Still Got Fined
Daniel M. Goldberg is quoted in Bloomberg Law on problems faced by companies who have relied on compliance vendors to help them navigate new privacy laws. The article stated that vendors operating with little oversight, outdated tech have “left businesses with consumer-facing websites open to fines and other enforcement actions.”
Bloomberg Law noted, “For example, giving consumers the option to disable cookies may not turn off all of a company’s tracking technology. So consumer data could still be automatically sent to a third party for advertising.
“Vendors cannot just repurpose tools meant to comply with EU’s data protection law for California’s rules, said Daniel M. Goldberg, chair of the data strategy, privacy & security group at Frankfurt Kurnit Klein & Selz PC.
"‘Many solutions are solutions that are built for one purpose,’ Goldberg said, adding that some vendors’ ‘default configurations often aren’t drafted in a way that is sufficient to address US privacy law.’” View Article.
July 14 2025