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Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
Ward and Smith, P.A.

Bonnie and Claude: The Court Ruling That Could Expose Fraudster’s AI Conversations

Ward and Smith, P.A. on

To use a legal term: Nope. The decision gives lenders a new weapon when chasing borrowers who engage in behavior to hinder, delay, or defraud creditors. The case involved the target of a federal investigation who used a...more

Esquire Deposition Solutions, LLC

Client Use of AI Creates Possibly Discoverable Information

Judge Jed Rakoff’s recent opinion in United States v. Heppner has generated quite a bit of discussion among litigators for its conclusion, apparently a first, that divulging information to a consumer-grade generative...more

Hanzo

Assisted Intelligence vs. Artificial Intelligence

Hanzo on

You may wonder how assisted intelligence vs. artificial intelligence, as new tools, are transforming legal, compliance, and investigation workflows. You may also feel pressured to adopt artificial intelligence quickly while...more

Hanzo

What Is a Legal Hold?

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If you have not had experience with the level of litigation involving a legal hold, having questions is natural. Legal holds require an organization involved in litigation to retain certain records or internal communications....more

Bressler, Amery & Ross, P.C.

FINRA Seeks Feedback on Modernizing Its Arbitration Forum

The Financial Industry Regulatory Authority (FINRA) is requesting public input on ways to modernize and improve its arbitration forum. Throughout 2025, FINRA made multiple comment requests and is now asking stakeholders to...more

EDRM - Electronic Discovery Reference Model

2026 Industry Trends: How the Private Sector is Building Digital Resilience

Digital investigations are no longer reserved for major incidents or legal disputes. Cellebrite’s 2026 Industry Trends in the Private Sector report shows they are now a core capability for how companies, law firms and...more

K&L Gates LLP

Questions to AI Models May Be Discoverable

K&L Gates LLP on

On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant’s written exchanges with a public generative AI platform were not protected by the attorney-client privilege or...more

Fitch, Even, Tabin & Flannery LLP

SDNY Rejects Privilege and Work Product in the Context of Consumer Generative AI Use

In a decision of first impression, the U.S. District Court for the Southern District of New York, in United States v. Heppner, No. 25‑cr‑503 (JSR), held that written exchanges with a generative artificial intelligence (AI)...more

Mayer Brown

M&A Discovery in the AI Era: Generative AI Communications and Outputs May Become Litigation Ammunition

Mayer Brown on

The rise of AI use in deal processes, whether for analyzing term sheets, summarizing due diligence findings, or identifying mark-up issues, creates an emerging category of potentially discoverable evidence. No practitioner...more

EDRM - Electronic Discovery Reference Model

A Complete Analysis of the Winter 2026 eDiscovery Pricing Survey

ComplexDiscovery Editor’s Note: Generative AI is no longer a future-state concept in eDiscovery pricing; it is already reshaping how legal, technology, and corporate teams evaluate cost, value, and defensibility. In this...more

Vorys, Sater, Seymour and Pease LLP

The Rise of Trade Secret Litigation: Are You Prepared to Stop Your Trade Secrets from Walking Out the Door? (Part Two)

Part one of this series highlighted the historic high that trade secret litigation hit in 2025 with more than 1,550 cases filed in courts across the United States and suggested proactive, common-sense steps that businesses...more

Secretariat

First Things First: Why Technical Competence Must Precede AI Literacy for Lawyers

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Artificial Intelligence (AI) is rapidly becoming embedded in legal practice, influencing research, drafting, discovery, and client service delivery. As adoption accelerates, lawyers face growing expectations to demonstrate AI...more

Bond Schoeneck & King PLLC

New York’s Highest Court Grapples with Video Evidence in the Age of “Deepfakes”

As every trial attorney knows, litigation hinges on evidence. Not just any evidence, but evidence that is relevant and authentic and which meets the standards for admission “into evidence” in the case at hand. But with...more

Nextpoint, Inc.

Key Discovery Points: Lots of AI but Less Discovery at Legalweek 2026

Nextpoint, Inc. on

Legalweek 2026 is here! In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack what’s standing out ahead of this year's Legalweek — and what’s surprisingly missing. Using...more

Hanzo

Understanding FRCP Rule 26

Hanzo on

Rule 26 of the Federal Rules of Civil Procedure (FRCP) governs how discovery is handled in civil litigation. This includes initial disclosure of information and the scope of what can be requested and produced later on. While...more

Integreon

Navigating Cross-Border ESI Transfers in an Evolving Regulatory Landscape

Integreon on

During Legalweek, amid conversations about broad industry trends, attendees seek actionable strategies for the high-stakes demands that shape their daily work. One of the most persistent issues many companies struggle with is...more

Hanzo

What Is a Litigation Hold?

Hanzo on

If you are facing the possibility of a lawsuit, investigation, or regulatory inquiry, understanding what a litigation hold is and how it functions is critical. In simple terms, a litigation hold is a legal directive that...more

Purpose Legal

Discovery With Direction: The Strategic Advantage of Early Case Intelligence

Purpose Legal on

Most discovery early case assessment workflows are built around rudimentary sorting, filtering, and counting by Custodian, Date, Search term hits, etc. These activities can be very time-consuming, with strategic value...more

EDRM - Electronic Discovery Reference Model

The AI Literacy Gap is Now a Security and Compliance Liability

ComplexDiscovery Editor’s Note: AI literacy has become the baseline expectation for cybersecurity, information governance, and eDiscovery work—and the organizations treating it as “nice to have” are already paying for that...more

TransPerfect Legal

Why Technology and AI Are Now Essential to Compliance Programs and Investigations

TransPerfect Legal on

The American Conference Institute FCPA & Global Anti-Corruption Conference in Houston made one thing clear: technology and artificial intelligence (AI) in compliance programs are no longer optional. They are now an...more

Phelps Dunbar

Southern District of New York Rules that AI-Generated Documents Are Not Protected By Attorney-Client Privilege

Phelps Dunbar on

With the recent emergence of generative artificial intelligence (AI), some clients may be asking themselves, ‘Why should I ask a lawyer for legal advice when I can simply ask AI?’ While it is true that AI can be a helpful...more

Herbert Smith Freehills Kramer

Privilege And AI: When AI-Generated Documents Are Not Protected

Two recent US cases have considered whether communications involving AI tools are protected by attorney–client privilege or the work product doctrine. While these decisions arise under US law, the principles – particularly in...more

Association of Certified E-Discovery...

Do You Waive Privilege by Using AI? Two Federal Courts Say It Depends

In February 2026, two federal courts issued the first rulings addressing whether materials created using publicly available generative AI tools are protected by the attorney-client privilege or the work product doctrine. ...more

TransPerfect Legal

eDiscovery Costs Forecasting: 2 Gates, 2 Metrics, 1 System

TransPerfect Legal on

eDiscovery is expensive—and unpredictable. And that variance wrecks budgets. The fix isn’t cheaper eDiscovery; it’s controlled eDiscovery cost forecasting through an operating model that forces cost-driving decisions upfront....more

Rivkin Radler LLP

Federal Court Rejects Privilege Assertion for AI-Generated Research

Rivkin Radler LLP on

On November 4, 2025, federal agents arrested Bradley Heppner and seized thirty-one AIgenerated documents created for the express purpose of obtaining legal advice. See United States v. Heppner, No. 25-cr-503 (JSR), 2026 WL...more

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