This week’s kitchen sink for September 25, 2026 (with meme from Gates Dogfish) discusses Claude hacking OpenAI, OpenAI hacking the Aussies & more!
Why “the kitchen sink”? Find out here! 🙂
The Kitchen Sink is even better when you can include a brand-new eDiscovery meme courtesy of Gates Dogfish, the meme channel dedicated to eDiscovery people and created by Aaron Patton. For more great eDiscovery memes, follow Gates Dogfish on LinkedIn here! “Quid pro quo, Clarice.” 🤣
Here is the kitchen sink for September 25 of ten-ish stories that I didn’t get to this week, with a comment from me about each:
We’re up to 2,078(!) AI hallucination cases and counting. As you’ll see below, sometimes when you point a finger, four of them point back to you! 😉
Researchers used Anthropic’s Claude to hack into OpenAI: This was only a matter of time, right? 😉 Here’s the twist: they did it as part of an OpenAI bug-bounty program, so they got paid for it.
EDRM 2.0 Is Here: eDiscovery Has a New Map: Ralph Losey provides his analysis of the new EDRM 2.0 model on (wait for it!) the EDRM blog. In his Introduction, he says: “An Old Friend Retires and is Replaced by a New and Improved Version (I can relate!)”. Unlike the old EDRM model though, Ralph is still going strong (even in retirement). 😊
Microsoft disrupts AI-assisted platform that compromised 12,000 accounts: Microsoft said that it led an industry-wide disruption of a subscription-based scam platform that used an AI chatbot to compromise 12,000 Microsoft accounts over a few-month span. Name of the scam platform: “EvilTokens”. Yeah, that fits.
The Fifth Circuit Warned Lawyers to Verify Citations, Then Cited the Wrong Rule Itself: Pot, meet kettle. 😉 The Fifth Circuit issued an official notice warning lawyers in 2024 to verify the accuracy of their filings. The authority cited for those duties was Federal Rule of Appellate Procedure 6(b)(1)(B) – a bankruptcy procedure rule – but it should have been Rule 46(b)(1)(B). More than two years after publication, the incorrect citation remains on the court’s website. OK, maybe it wasn’t an AI mistake, but the result is the same.
Judge slams Meta for celebrating its “abuse” of attorney-client privilege: Plaintiffs’ lawyers argued that Meta fostered a “culture of privilege abuse”, famously epitomized by custom Instagram swag hats embroidered with “a/c priv” – the legal shorthand used by the company to log withheld or heavily redacted documents. Angela Delvecchio’s write-up on Project Counsel Media colorfully adds that the case “has become the definitive modern textbook ‘Masterclass’ on how eDiscovery is aggressively practiced, weaponized, and systematically thwarted…This is how the real world of eDiscovery is played when millions and billions of dollars are at stake – not the sanctified arenas of ILTA, Legalweek and the Sedona Conference.” She’s not wrong.
E-Discovery Day 2026: Celebrating Everyone Who Moves Legal Data Intelligence Forward: Maribel Rivera discusses this year’s eDiscovery Day and why it’s important to our industry. Couldn’t agree more.
Both OpenAI and Anthropic dropped major model updates on the same day.: Katherine D’Amato of Project Counsel Media discusses how the focus is changing for AI model development from having the best and often most dangerous models to cost. A welcome shift – at least for now. Hope it continues for a while.
Accidental email results in sharing Social Security numbers of Seyfarth Shaw clients, opposing parties: This item is not to pick on Seyfarth Shaw, but to point out how effective social engineering attacks can be. Of course, as Anthony Conforti of Project Counsel Media notes, Seyfarth has already been hit with a class action lawsuit over this. Conforti points out fourteen other high-profile law firms that have been hit with data breaches just this year. Does misery love company? You tell me.
Florida woman featured in CBS12 investigation takes Flock camera case to Congress: Another story about Flock cameras where a woman (Lindsey Isaacs) was falsely arrested on eight felony charges and spent 13 days in maximum-security custody. This isn’t the fault of the Flock cameras, though – law enforcement documented red or maroon paint transfer on a vehicle involved in the crash, while Isaacs’ Durango was black and showed no damage, yet they still arrested her. A CBS news team found evidence pointing toward a different Dodge Durango; otherwise, Isaacs might still be in prison. She has since understandably filed a federal civil rights lawsuit.
Should There Be an “A.I. Exception” to Liberal Construction of Pro Se Pleadings?: Michael Berman asks this question on the EDRM blog, discussing a case where the judge dismissed the plaintiff’s amended complaint without prejudice for failure to comply with Federal Rule of Civil Procedure 8 and denied permission to file a proposed 121-page replacement. Tough situation for judges dealing with “AI slop” filings.
OpenAI system goes rogue again – and it is the most worrying yet: Now it’s attacking foreign governments – in this case, gaining unauthorized access to the medical statistics portal of Medicare, Australia’s universal health insurance program. Even worse, the hack happened in June, but OpenAI did not inform the country until September. It’s the “Oi, Oi, Oi!” without the “Aussie, Aussie, Aussie!” 😉
Hope you enjoyed the kitchen sink for September 25, 2026! Back next week with another edition!
So, what do you think? Which story is your favorite one? Please share any comments you might have or if you’d like to know more about a particular topic.
Disclaimer: The views represented herein are exclusively the views of the authors and speakers themselves, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.
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