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Intellectual Property

Sep. 4, 2026

The watermark ends the charade

AI watermarks will make the profession's comfortable script--AI for research, brainstorming and editing, but never drafting--untenable. What matters is not whether AI touched the words, but who exercised judgment.

Jeffrey I. Ehrlich

Principal
Ehrlich Law Firm, APC

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The watermark ends the charade
Shutterstock

In "Using AI to supercharge an appellate practice," Kirk C. Jenkins wrote in the Daily Journal on Aug. 11 about using AI to build an appellate practice. Jenkins endorsed a broad range of AI uses, including analyzing an opponent's brief, critiquing a near-final draft and anticipating questions at oral argument. But he drew a hard li...

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