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Electronic Discovery Administrative Agency

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Esquire Deposition Solutions, LLC

Florida Trial Courts Demand Disclosure of AI Use in Pleadings

The two largest judicial districts in Florida will now require lawyers to certify whether artificial intelligence was used in any fashion to create pleadings filed in their courts. Legal research and document drafting, both...more

Fox Rothschild LLP

Confidential Information Cannot be ‘Un-learned’

Fox Rothschild LLP on

Discovery is a two-way street. In any litigation, parties are entitled to discover relevant information related to any party’s claims or defenses. This is particularly important in patent litigation where discovery often...more

McGuireWoods LLP

When AI Isn’t Privileged, Confirmed: SDNY’s Written Opinion Elaborates on Confidentiality, Work Product, and Waiver

McGuireWoods LLP on

On February 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client...more

Association of Certified E-Discovery...

[Webinar] Review to Response: Standardizing Agentic AI Across the Discovery Lifecycle - March 4th, 10:00 am PST

Law firms are standardizing around agentic AI document review to handle both responsiveness review and key document identification in complex litigation. As firms have integrated this technology into their workflows, they...more

Jackson Lewis P.C.

Internal Investigations: How Financial Institutions Can Preserve Privilege

Jackson Lewis P.C. on

Financial institutions’ investigations of internal complaints frequently begin as routine compliance or examination-related matters but quickly evolve into enforcement-sensitive or litigation-focused legal investigations...more

Freeman Mathis & Gary

AI isn’t your co-counsel: Judge Rakoff provides a privilege wake-up call

Freeman Mathis & Gary on

Federal courts are now confronting the question of whether a client’s AI-generated documents—created using prompts that incorporate information learned from counsel—fall within the attorney-client privilege. Judge Rakoff of...more

BakerHostetler

AI Is Not Your Lawyer: Federal Court Rules AI-Generated Documents Are Not Privileged

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On Feb. 10, 2026, Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York issued a bench ruling holding that documents prepared using generative AI were not protected by attorney-client privilege...more

Harris Beach Murtha

In a First, Court Finds Using AI Tools Ends Attorney-Client Privilege

Harris Beach Murtha on

On Feb. 10, 2026, Judge Jed S. Rakoff of the Southern District of New York delivered a ruling from the bench in United States v. Heppner that dismantled a central pillar of the defendant’s legal shield. The court held that...more

Alston & Bird

Federal Court Rules using AI Tools can Waive Privilege, Even if Privileged Information is Input into Them

Alston & Bird on

On February 10, 2026, the U. S. District Court for the Southern District of New York held that a criminal defendant could not claim attorney-client privilege over documents he produced using a commercially available...more

EDRM - Electronic Discovery Reference Model

Crypto-Procrastination: The Dangerous Delay in Preparing for Post-Quantum Data Security

Somewhere right now, an adversary is quietly siphoning encrypted financial data off a major bank’s network—not to read it today, but to crack it open the moment quantum computers catch up....more

Ropes & Gray LLP

UK proposals for a “British FBI” – what does this mean for white-collar enforcement?

Ropes & Gray LLP on

On 26 January 2026, the UK Government published a White Paper, From local to national: a new model for policing (the “White Paper”), setting out proposals to create a National Police Service (NPS) – widely characterised in...more

Hogan Lovells

Justice in the machine age: what the Master of the Rolls’ AI vision could mean for UK courts – and for business

Hogan Lovells on

In a wide-ranging speech on 4 February 2026, the Master of the Rolls argued that modern justice cannot keep pace with today’s data-heavy disputes without greater use of technology and AI. He points to faster online resolution...more

Shumaker, Loop & Kendrick, LLP

Digital Risk Report, February 2026

AI, Privilege, and the Courts: Key Ruling on AI-Generated Legal Materials As artificial intelligence (AI) transitions from experimental models to practical, agent-driven applications in 2026, legal professionals and clients...more

A&O Shearman

Southern District of New York judge Rules That AI-Generated Documents Prepared Without Counsel Direction Were Not Protected By...

A&O Shearman on

On February 10, 2026, Judge Rakoff of the Southern District of New York ruled that certain AI-generated documents, created by an individual using an AI tool and then sent to that individual’s attorney in the context of...more

Ankura

Effective Execution of Internal Compliance Reviews in China

Ankura on

The legal and practical considerations for internal compliance reviews conducted in China by corporate headquarters of international companies are non-trivial and can be daunting, both for in-house teams and external counsel....more

EDRM - Electronic Discovery Reference Model

Possession, Custody, or Control – Need for a Uniform National Standard – Part II

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

Baker Botts L.L.P.

Your AI Conversations May Not Be Privileged: What United States v. Heppner Means for Every Organization Using AI

Baker Botts L.L.P. on

If anyone at your organization has ever discussed a legal matter with a consumer AI chatbot, a federal judge just confirmed what nearly half of in-house counsel already feared: those conversations are likely not privileged....more

Akin Gump Strauss Hauer & Feld LLP

Court Denies Motion to Compel Where Broad Request for Communications Exceeded Narrow ‘Impetus’ for Discovery

In an ANDA litigation, the District of Delaware recently denied the defendants’ motion to compel the production of correspondence between the plaintiffs’ testifying expert and a third-party analyst who had performed...more

Purpose Legal

From Early Case Assessment to Early Case Intelligence

Purpose Legal on

How AI is transforming case strategy, cost control, and defensibility before review begins. Early Case Assessment (ECA) has long been the starting point for understanding risk, scope, and cost. But today’s matters move...more

McGuireWoods LLP

When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected

McGuireWoods LLP on

On February 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client...more

Association of Certified E-Discovery...

The Power of the PDF: Bookmarks and Better Litigation Workflows

During the ACEDS Practical Skills Series webinar, The Power of the PDF: Bookmarks and Other Tips, Global Advisory Board members Sonya Judkins, Senior Manager, Discovery & Information Governance at T-Mobile, and Joy Murao,...more

Herbert Smith Freehills Kramer

Leveraging technology in internal investigations: The promise and potential of generative AI

Investigations today are defined by complexity, scale, and increasing diversity of data sources. Investigators face the challenge of reviewing thousands – sometimes millions – of documents and communications across email,...more

TransPerfect Legal

[Webinar] Deploying AI in the Real (eDiscovery) World - February 25th, 12:00 pm - 1:00 pm EST

TransPerfect Legal on

AI tools are now widely available for eDiscovery, but availability doesn't equal effective deployment. Legal teams face real questions about where AI delivers measurable value, how to integrate it without disrupting matter...more

Ankura

From Data to Decision: Understanding the End-to-End AI Forensic Workflow

Ankura on

Artificial intelligence (AI) is increasingly referenced in digital forensics, e-discovery, fraud investigations, and regulatory reviews. Yet much of the public discourse portrays AI as an opaque decision engine, a “black box”...more

K&L Gates LLP

Litigation Minute: Is AI-Generated Content Discoverable? What Companies Need to Know in 2026

K&L Gates LLP on

Artificial intelligence tools are rapidly reshaping how ESI is created and stored, particularly with respect to content generated by large language models. As companies adopt generative AI (GenAI) tools for drafting,...more

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