Mark A Berman

June 29, 2023 | New York Law Journal

The recent incident of an attorney using ChatGPT to conduct legal research which led him to file a motion filled with citations to non-existent cases has focused attention on the use of AI natural language models in the legal world.

By Mark A. Berman

7 minute read

May 01, 2023 | New York Law Journal

In his Virtual Lawyering column, Mark Berman highlights several cases to discuss how cloud storage platforms can create litigation issues for the unwary.

By Mark A. Berman

5 minute read

March 15, 2023 | New York Law Journal

The Commission to Reimagine the Future of New York's Courts recently issued a report titled "New York Court's Response to the Pandemic" providing recommendations for making the justice system more user friendly and fair to the citizens of New York. In this last article in their two-part series, Mark Berman and Justice Craig Doran continue the discussion of the recommendations of the report, including the means to effectuate them.

By Mark A. Berman and Craig J. Doran

5 minute read

March 06, 2023 | New York Law Journal

The Commission to Reimagine the Future of New York's Courts recently issued a report entitled "New York Court's Response to the Pandemic" providing recommendations for making the justice system more user friendly and fair to the citizens of New York. In this first article in their two-part series, Mark Berman and Justice Craig Doran discuss some of the recommendations of the report.

By Mark A. Berman and Craig J. Doran

6 minute read

December 30, 2022 | New York Law Journal

Effective July 1, 2023, New York will become the first state in the United States to require attorneys to complete at least one credit of cybersecurity, privacy and data protection training as part of their continuing legal education requirements.

By Mark A. Berman

7 minute read

October 31, 2022 | New York Law Journal

Through live hearings, remote listening sessions, and written testimony, the PPWG has heard from hundreds of different stakeholders, including litigants, the bar, legal services providers, judges, court staff, community groups, law enforcement, judicial associations, and other government and non-government entities.

By Mark A. Berman and Craig J. Doran

6 minute read

September 06, 2022 | New York Law Journal

Recent New York Court of Appeals and Appellate Division decisions highlight the required predicate information needed in order to have social media evidence admitted as well as identify the traps for the unwary that might result in the exclusion of such evidence.

By Mark A. Berman

7 minute read

July 01, 2022 | New York Law Journal

Three recent decisions from state and federal courts address creative uses of digital communication to serve process.

By Mark A. Berman

5 minute read

May 02, 2022 | New York Law Journal

Can a series of emails constitute an enforceable settlement agreement? Yes, but it depends.

By Mark A. Berman

7 minute read

February 28, 2022 | New York Law Journal

Virtual proceedings may prove to be the beginning of the end for the application of the "best evidence rule."

By Mark A. Berman

6 minute read