Do lawyers have an obligation not only to verify their own citations, but also to catch their opponents “hallucinated” authorities? A recent Seventh Circuit decision suggests that the answer may be edging toward yes....more
4/13/2026
/ Appellate Courts ,
Artificial Intelligence ,
Citations ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
Law Practice Management ,
Legal Ethics ,
Legal Research ,
Legal Technology ,
Professional Responsibility ,
Rule 11 ,
Rules of Professional Conduct
Maryland courts, like others, are increasingly being faced with artificial intelligence. E.g., Artificial Intelligence in Maryland Courts (Aug. 24, 2025); “Ex-Pikesville High principal impersonated in racist AI case settles...more
4/2/2026
/ Artificial Intelligence ,
Disclosure Requirements ,
Discovery ,
e-Discovery ,
e-Discovery Professionals ,
Electronic Evidence ,
Electronically Stored Information ,
Evidence ,
Expert Testimony ,
Legal Technology ,
Machine Learning ,
Proposed Rules ,
Rules of Civil Procedure
“AI is forcing litigants and courts to confront difficult questions about how and to what extent longstanding protections will apply when parties use AI to assist them in the litigation process. In particular, courts are...more
3/31/2026
/ Artificial Intelligence ,
Confidential Information ,
Discovery ,
Discovery Disputes ,
e-Discovery Professionals ,
Electronically Stored Information ,
Emerging Technologies ,
Federal Rules of Civil Procedure ,
Legal Technology ,
Privacy Concerns ,
Pro Se Litigants ,
Protective Orders ,
Work-Product Doctrine
Sometimes, sophisticated analysis is needed to detect a misuse of A.I. Sometimes, it isn’t. In Dillard v. CBS Studios, Inc., 2026 WL 790882 (C.D. Cal. Mar. 16, 2026), the plaintiff brought a copyright infringement action...more
3/25/2026
/ Artificial Intelligence ,
Copyright Infringement ,
Copyright Litigation ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Emerging Technologies ,
Judicial Authority ,
Legal Ethics ,
Legal Technology ,
Misleading Statements ,
Misrepresentation ,
Motion to Dismiss ,
Pleading Standards
In Burnley v. Valentin, 2026 WL 767145 (E.D. Va. Mar. 18, 2026), the proponent of an audio recording survived a challenge that it was a deepfake. Burnley involved two motions to enforce settlement agreements....more
3/20/2026
/ Admissible Evidence ,
Audio Recording ,
Authentication ,
Chain of Custody ,
Deep Fake ,
Discovery ,
Discovery Disputes ,
e-Discovery Professionals ,
Electronic Evidence ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Evidence ,
Settlement Agreements
Much has been written about improper uses of GenAI, such as deepfakes and hallucinations. Edwards v. Grubbs, __ Fed.4th __, 2026 WL 706637 (11th Cir. Mar. 13, 2026), demonstrates a proper use of GenAI....more
3/18/2026
/ Admissible Evidence ,
Appellate Courts ,
Artificial Intelligence ,
Deep Fake ,
Discovery ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Emerging Technologies ,
Fourth Amendment ,
Legal Technology ,
Machine Learning ,
Qualified Immunity
Jennifer Ellis, JD, LLC, has posted a very interesting blog, Two Courts, Two Answers: When Does Using AI Waive Privilege? – JLE (Feb. 21, 2026). She compares the holding in U.S. v. Heppner, __ F. Supp. 3d __, 2026 WL 436479...more
3/3/2026
/ Artificial Intelligence ,
Attorney-Client Privilege ,
Confidential Documents ,
Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Legal Ethics ,
Legal Technology ,
Privilege Waivers ,
Work-Product Doctrine
I have written of the need for a national uniform definition of “possession, custody, or control.” Possession, Custody, or Control – Need for a Uniform National Standard – Part II (Feb. 18, 2026). The two most prominent tests...more
In L.S. v. Bolduan, 2026 WL 95689 (W.D. Wash. Feb. 12, 2026), under the “legal right test,” defense counsel–who obtained information from their institutional client in a State court case–did not have possession, custody, or...more
2/16/2026
/ Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
FRCP 34 ,
Information Governance ,
Sanctions ,
Subpoenas
In AI Docs Sent By Exec To Attys Not Privileged, Judge Says – Law360 (Feb. 10, 2026), Pete Brush reported a bench ruling holding that “a Texas financial services executive accused of a $150 million fraud cannot claim...more
2/12/2026
/ Artificial Intelligence ,
Attorney-Client Privilege ,
Criminal Prosecution ,
Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Fraud ,
Legal Technology ,
Machine Learning ,
Popular ,
Privileged Documents ,
Technology-Assisted Review ,
Work-Product Doctrine
Facial Recognition Technology, or “FRT,” is a form of artificial intelligence. Maryland has cases, statutes, and procedural rules that govern the use of facial recognition technology in criminal cases....more
1/27/2026
/ Artificial Intelligence ,
Criminal Prosecution ,
Disclosure Requirements ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Facial Recognition Technology ,
Maryland ,
Privacy Concerns ,
Regulatory Requirements ,
State and Local Government
Lively v. Wayfarer Studios LLC, 2026 WL 145483 (S.D.N.Y. Jan. 20, 2026), is the latest in a long line of discovery and other decisions in this matter. The court wrote: “Before the Court are various requests for sealing and...more
1/22/2026
/ Confidential Information ,
Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Evidentiary Standards ,
First Amendment ,
Judicial Authority ,
Privacy Laws ,
Sealed Records ,
Summary Judgment
The thesis of the book is that “computers are capable of reviewing and classifying document better than humans. And that’s a big deal in eDiscovery.”...more
1/13/2026
/ Algorithms ,
Artificial Intelligence ,
Discovery ,
Document Review ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Legal Technology ,
Machine Learning ,
Predictive Coding ,
Technology-Assisted Review
This blog addresses two of the issues resolved in Toyota Motor Sales, U.S.A., Inc. v. Allen Interchange LLC, 2025 WL 3485862 (D. Minn. Dec. 4, 2025). Toyota moved to compel Allen to produce certain discovery....more
As remote and hybrid work models have become the norm, the line between personal and professional digital life has blurred almost beyond recognition. Employees routinely use company-issued laptops and cell phones for personal...more
12/18/2025
/ Data Privacy ,
Discovery ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Employee Privacy Rights ,
Employer Responsibilities ,
Employment Policies ,
Information Governance ,
Personal Data ,
Privacy Laws
The answer is “Popcorned Planet, Inc., moves to quash a subpoena for documents served by Blake Lively, who responds in opposition.” Popcorned Planet, Inc. v. Lively, 2025 WL 3458601 (M.D. Fl. Dec. 2, 2025)....more
12/9/2025
/ Defamation ,
Discovery ,
Discovery Disputes ,
e-Discovery Professionals ,
Electronically Stored Information ,
Journalism ,
Online Platforms ,
Privilege Logs ,
Social Media ,
Subpoenas ,
Third-Party
The movie Jaws famously contained the line “Just when you thought it was safe to go back in the water…” Law360 reports Attys Beware: Generative AI Can Also Hallucinate Metadata – Law360 in a November 4th article by Daniel...more
A trial court imposed a $10,000 sanction on attorneys for conducting juror research on a social media platform in a $174 million lawsuit. Elliot Weld, Alston & Bird Sanctioned $10K For LinkedIn Juror Research – Law360 (Oct....more
11/6/2025
/ Attorney Misconduct ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Juror ,
Jury Selection ,
Jury Trial ,
Privacy Settings ,
Right to Privacy ,
Sanctions ,
Social Media ,
Standing Orders ,
Trial Preparation ,
Voir Dire
In its “Order Granting Motion to Compel Disclosure Regarding Preservation Efforts,” a court recently wrote: “For all of the foregoing reasons, plaintiffs motion to compel disclosures regarding Amazon’s preservation[] efforts...more
10/14/2025
/ Amazon ,
Data Preservation ,
Discovery ,
Discovery Disputes ,
Document Preservation Notices ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
Litigation Hold ,
Motion to Compel ,
Spoliation
After in camera review of 46 documents, the court in Burge v. Teva Pharmaceuticals Industries, Ltd., 2025 WL 2846688 (D. Kans. Oct. 7, 2025), defined and applied the crime-fraud exception to the attorney-client privilege and...more
10/13/2025
/ Attorney-Client Privilege ,
Crime-Fraud Exception ,
Discovery ,
Document Productions ,
Document Review ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Legal Ethics ,
Pharmaceutical Industry ,
Redacted Documents
Sanctions were imposed on plaintiff for breach of the duty to preserve certain communications in Cooper v. Balt. Gas & Elec. Co., 2025 WL 2774847 (D. Md. Sep. 30, 2025)(Rubin, J.)....more
10/9/2025
/ Discovery ,
Discovery Disputes ,
Duty to Preserve ,
e-Discovery ,
e-Discovery Professionals ,
Electronic Communications ,
Electronically Stored Information ,
Evidence ,
Failure To Preserve ,
FRCP 37(e) ,
Jury Instructions ,
Sanctions
Rossbach v. Montefiore became famous because a defense forensic expert proved that an emoji, which was allegedly displayed on plaintiff’s cell phone with a harassing text message, could not have been displayed on plaintiff’s...more
9/24/2025
/ Artificial Intelligence ,
Deep Fake ,
Discovery ,
e-Discovery ,
e-Discovery Professionals ,
Electronic Evidence ,
Electronically Stored Information ,
Evidence ,
Forensic Examination ,
Metadata ,
Motion for Sanctions ,
Summary Judgment
A recent decision demonstrates the importance of following the Rules and the duty to cooperate, after a “quick peek” proved that an opponent’s discovery responses were incomplete....more
Not on these facts. Lively v. Wayfarer Studios LLC, 2025 WL 2606904 (S.D.N.Y. Sep. 9, 2025). This decision is the latest in a long string of discovery decisions in the sexual harassment lawsuit of Ms. Blake Lively against a...more
9/17/2025
/ Attorney-Client Privilege ,
Confidential Communications ,
Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery Professionals ,
Electronic Communications ,
Electronically Stored Information ,
Privilege Logs ,
Privileged Communication ,
Text Messages
Much of the litigation over geofencing has been under the Fourth Amendment in criminal cases, and there has been a lot of it. See, e.g., Certiorari Petition to U.S. Supreme Court in 4th Circuit Geofence Decision – E-Discovery...more
9/9/2025
/ Constitutional Challenges ,
Data Collection ,
Data Privacy ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Financial Services Industry ,
Information Governance ,
Injunctions ,
Jurisdiction ,
Personal Data ,
Popular ,
Regulatory Requirements ,
Targeted Digital Advertising