PROBATIVE OPPOSABILITY Jean-François ELSEN PROBATIVE OPPOSABILITY Jean-François ELSEN

SOURCE 0 - THE DETERMINATION THAT CHANGED SYSTEMS MID-CASE

Well over one hundred federal claims against Roblox are centralized in MDL No. 3166. The age-determination mechanism the claims depend on was not the same throughout the conduct period. Discovery can compel records — it cannot retroactively convert them into the independent, contemporaneous fixation they were never built to contain.

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AUTONOMOUS AI GOVERNANCE Jean-François ELSEN AUTONOMOUS AI GOVERNANCE Jean-François ELSEN

SOURCE 0 - THE SEARCH THAT WAS ALREADY BUILT

A coalition of news publishers has asked a federal court to sanction OpenAI, alleging the company concealed for two years that it had already built the capability to search its training data and ChatGPT logs, and that it continued deleting logs after being ordered to preserve them. This note examines what the allegation illustrates about verifying a preserving party's own compliance, independently of whether the allegation is proven.

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AUTONOMOUS AI GOVERNANCE Jean-François ELSEN AUTONOMOUS AI GOVERNANCE Jean-François ELSEN

SOURCE 0 - THE RECORD THIS DISCOVERY ORDER DID NOT CREATE

A federal court has ordered UnitedHealth to hand over two years of records on nH Predict, the AI tool at the center of a Medicare Advantage coverage-denial lawsuit — while explicitly declining to decide, at this stage, whether the tool made the decisions plaintiffs allege it made. This note examines what a discovery order of this breadth can and cannot establish, and why the same structural gap runs through comparable disputes involving other insurers.

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