Fifteen years ago yesterday, frustrated that a legal-media conglomerate had put a decade of my articles behind a paywall, I …Continue reading →
Ball in your Court
Blog Authors
Latest from Ball in your Court
The AI Protective Order Double Standard
I’ve spent forty-odd years watching the discovery process get weaponized—not always to protect legitimate interests, but often to price opponents …Continue reading →
Drafting RFPs for Robots to Read
Time flies: Two years ago, in a post here, I floated the proposition that if the other side is going …Continue reading →
A Refresh of the Annotated ESI Protocol
When I first published The Annotated ESI Protocol in January 2023, I hoped it would age the way most legal …Continue reading →
Free at Last: Ditching TurboTax for FreeTaxUSA
I’ve been a contented TurboTax user for years — one of those “if it ain’t broke” loyalists who never questioned …Continue reading →
A Dog and Its Tail: Don’t Let Version Uncertainty Cloud Linked Attachment Production
Two years ago, I wrote a pair of posts (3/29/24 and 4/8/24) about linked attachments—what Microsoft calls “Cloud Attachments”—arguing that …Continue reading →
The EDRM Isn’t Broken; It’s Misunderstood.
Disclaimer: I serve as General Counsel of EDRM, but this message is mine alone: Nothing that follows speaks for EDRM …Continue reading →
Detecting Deep Fakes
This morning, I was approached to present in Texas on deep fake evidence and what litigators need to know to …Continue reading →
A Fun Way to Build AI Fluency
For the last decade, I’ve had the pleasure of speaking at the Texas Bar’s Advanced Trial Strategies program in New …Continue reading →
Electronic Evidence Workbook 2026
Today marks the end of Carnival season in New Orleans. The tourists depart, the city exhales, and we pack away …Continue reading →
The Most Important Thing I’ve Read This Year
Lawyers and judges need to stop snickering at the sad sacks who file briefs citing hallucinated authorities and treating those …Continue reading →
2026 Guide to AI and LLMs in Trial Practice
It’s been one year today since I published my introductory primer called Practical Uses for AI and LLMs in Trial …Continue reading →
A Master Table of Truth
Lawyers using AI keep turning up in the news for all the wrong reasons—usually because they filed a brief brimming …Continue reading →
Kaylee Walstad, 1962-2025
Writing through tears, I am heartbroken to share that Kaylee Walstad has died suddenly and unexpectedly. Kaylee was the loving, …Continue reading →
Native or Not? Rethinking Public E-Mail Corpora for E-Discovery (Redux, 2013→2025)
Yesterday, I found myself in a spirited exchange with a colleague about whether the e-discovery community has suitable replacements for …Continue reading →
Still on Dial-Up: Why It’s Time to Retire the Enron Email Corpus
Late in the last century, when I was gaining a reputation as a trial lawyer who understood e-discovery and digital …Continue reading →