Courtside with Mark Ferrer Hayden

The ChatGPT Privacy Trap Lawyers Aren't Talking About | Miami Litigation Explained (Ep 12)

Are your ChatGPT conversations discoverable in court? What happens when a judge shows sympathy  and opposing counsel tries to disqualify her for it? Is NOT using AI about to become legal malpractice? Miami trial lawyers break it all down in this episode of Courtside. ⚖️ Topics covered: → Why local counsel matters more than you think → The aggressive culture of South Florida litigation → AI in the courtroom — certification requirements & hallucinated cases → ChatGPT privacy: work product or third-party disclosure? → The humanity of judges & why that matters → How winning cases get lost (bad facts, hiding the ball) 🎙️ Courtside is a legal podcast hosted by Miami trial lawyers giving you an inside look at litigation, culture, and the future of law. 🔔 Subscribe for new episodes every week.

Trial by History — AI, Juries, and Justice in Miami's Most Famous Courtroom | Courtside (Ep.11)

What do Al Capone, a would-be presidential assassin, and artificial intelligence have in common? They all found their way into one courtroom. In this episode of Courtside, Etan sits down with the Honorable Scott Silverman — former circuit court judge, current arbitrator and mediator with JAMS, and Chief Historian of the 11th Judicial Circuit — inside the very courtroom where history was made. They explore the fascinating history of the Miami-Dade courthouse, from Al Capone's perjury trial to the assassination attempt on FDR. Then the conversation pivots to the future: can AI ever replace human judgment in a courtroom? And what are we losing as the legal profession moves further from human connection? From courtroom history to the question of humanity in an AI-driven world, this episode is unlike any other. Disclaimer: Courtside episodes are for general information only and are not legal advice.

Trial vs. Appeal — The Decisions Behind the Decisions | Courtside (Ep. 10)

What do trial lawyers miss in the heat of the moment—and why can those decisions determine what happens on appeal? In this episode of Courtside, Etan and Jose sit down with appellate attorney Deija Lifshitz to explore the differences between government and private practice, how appellate thinking shapes litigation strategy, and why preserving issues for appeal can make or break a case. They discuss jury perception, the hidden role of appellate counsel during trial, malpractice pressure, and the often-overlooked importance of jury instructions. The conversation also touches on where the profession may be heading, including the early role of AI in shaping how cases are analyzed and decided. From courtroom tactics to the structure of legal decision-making, this episode examines how cases are actually won—and how lawyers think beyond the moment. Disclaimer: Courtside episodes are for general information only and are not legal advice.

Mayor Seth Salver on Live Local & Bal Harbour’s Future | Courtside (Ep. 09)

What happens when a state housing law overrides local control — and a small coastal community faces the prospect of millions of additional square feet of development? In this episode of Courtside, Etan and Jose sit down with Bal Harbour Mayor Seth E. Salver to unpack Florida’s Live Local Act, the Bal Harbour Shops dispute, and what’s at stake for residents. They discuss how Live Local reshapes zoning and approvals, the real incentives behind “affordable housing” proposals, infrastructure strain, and the tension between Tallahassee’s legislative authority and municipal governance. From transparency and public service to density, FAR transfers, and the long-term character of one of South Florida’s most unique communities, this conversation explores how housing policy plays out on the ground — and why Bal Harbour is pushing back. Disclaimer: Courtside episodes are for general information only and are not legal advice.

Diss Tracks, Defamation & Presidential Power | Courtside (Ep. 08)

What happens when rap rivalries collide with defamation law—and when presidential tariffs collide with the Constitution? In Episode 8 of Courtside, Etan and Jose break down the Drake v. UMG dispute over Kendrick Lamar’s diss track “Not Like Us,” exploring whether calling someone a “pedophile” in a song can ever qualify as defamation per se—or whether context and artistic expression protect even the sharpest lyrical attacks. They compare the case to Elon Musk’s “pedo guy” litigation and examine how courts decide what a reasonable listener would believe. Then the conversation pivots to presidential tariffs and constitutional authority. Are tariffs taxes? Can the executive branch impose sweeping trade measures under emergency powers? And how does statutory interpretation shape the boundaries between Congress and the President? From diss tracks to trade wars, this episode explores how context, language, and power define liability.