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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
Televerse Day 2 Highlights: Shrinking, Henry Winkler and More
The Television Academy in its Televerse News quoted Daniel M. Goldberg, who spoke about AI at the academy’s three-day festival. Televerse featured television industry professionals both in front of and behind the camera, expert panelists, FYC (For Your Consideration) discussions, and screenings of shows nominated for this year’s Emmy Awards. Mr. Goldberg spoke on a panel covering “how federal and state lawmakers, courts, content creators and other stakeholders are responding to the evolving technology's impact on copyright, licensing and rights protection.” When asked for future predictions for six months from now, Mr. Goldberg responded, "'It's so hard to predict even two weeks from now. But I think you're going to see the states continue to pick up [on regulating AI] where the federal government is not.’” View Article
August 18 2025
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
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