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Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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

EDRM - Electronic Discovery Reference Model

A.I. Documents Deemed Not Privileged

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

Association of Certified E-Discovery...

[Webinar] Gen AI in e-Discovery: How to Test, Trust, and Thrive in a New AI Era - February 25th, 4:00 pm - 5:00 pm PST

Experts discuss trust in AI for e‑discovery, covering validation, defensibility and accountability Join us as we team up with Relativity - one of our ACEDS ANZ Sponsors - for this eseential discussion on Gen AI in...more

Association of Certified E-Discovery...

[Webinar] altumatimOS -- Intelligence Never Rests - February 25th, 10:00 am PST

Whoever tells the best story wins. Altumatim helps lawyers tell theirs. Meet altumatimOS, the self-learning eDiscovery and investigation platform that turns months of document review into minutes. With phenomenal F1...more

Whiteford

Client Alert: 5 Things You Should Do If You Get A VBOA Letter

Whiteford on

The Virginia Board of Accountancy (VBOA) investigates complaints received against CPAs and CPA firms alleged to have violated Virginia law. The VBOA also investigates complaints received against non-CPAs and non-CPA firms for...more

Association of Certified E-Discovery...

[Webinar] AI and You Series: Common and Uncommon Ways to Leverage AI in E-Discovery - February 20th, 11:00 am PST

AI and You Series: Common and Uncommon Ways to Leverage AI in E-Discovery (And How to Stay Adaptable When They Change) - This program is part of the ACEDS “AI and You” series and will offer insights into common use cases...more

HaystackID

[Webinar] Real Benefits, Real Constraints: A Practical Guide to Copilot Rollout - February 25th, 11:00 am CST

HaystackID on

Across organizations, legal, compliance, privacy, finance, and IT teams are being asked to adopt AI tools such as Microsoft 365® Copilot—often driven by executive mandates, but without clearly defined and measurable...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 223 | Jeffrey Fleming and Aleida Gonzalez of HaystackID sit down with Mary Mack and Holley Robinson

Jeffrey Fleming and Aleida Gonzalez, Managing Directors for EDRM Trusted Partner, HaystackID sit down with Mary Mack and Holley Robinson. In this episode, Jeff and Aleida recount their journeys to cyber and eDiscovery as well...more

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