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Electronic Discovery Construction

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

When to Litigate and When to Walk Away

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Clients faced with defending or initiating litigation often begin with the question: “Can we win?” The question sounds simple enough, and if the law is favorable, the instinctive answer might be “yes.” But “winning” in court...more

Integreon

How ALSPs, as Innovation Sandboxes, Can Expedite Results for Legal and Compliance GenAI

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The rapid emergence of generative artificial intelligence (genAI) is not simply accelerating change in the legal industry; it is exposing the structural fault lines that have long existed within it. Traditional law firm...more

ModeOne

BYOD Collection Without the Drama

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Bring Your Own Device (BYOD) is no longer a trend. It’s the default. But while the way we work has evolved, the way we collect mobile data in litigation and investigations… hasn’t....more

Secretariat

Agentic AI as Evidence: When Autonomous Systems Become Witnesses in Investigations

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Artificial intelligence in 2026 is defined by the rise of “agentic AI,” or “AI agents”, systems with varying levels of autonomy that are “able to perceive, reason, and act on their own.”...more

EDRM - Electronic Discovery Reference Model

From Competence to Judgment: How AI Compresses Litigation Work and Why That Makes Judgment More Important

Artificial intelligence has entered legal practice with unusual speed and reach. Within a brief period, tools that can organize information, generate analysis, and structure legal arguments have become embedded across...more

Adams & Reese

Federal Court Holds AI Communications are Not Protected by Privilege or Work Product

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A recent decision from the Southern District of New York provides one of the first judicial answers to a fast-emerging question: are litigants’ communications with a publicly available generative AI platform protected from...more

Haynes Boone

Generative AI in Litigation: Are Prompts, Outputs and AI-Assisted Drafts Discoverable?

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Artificial intelligence is rapidly transforming litigation practice—reshaping how cases are investigated, analyzed and litigated. While there is no doubt that these tools can offer significant efficiencies, they also...more

Womble Bond Dickinson

The Need to Address Open-Source Artificial Intelligence in Bespoke or Model Litigation Protective Orders

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Much ink recently has been spilt regarding preserving the attorney-client and work-product privileges when parties or counsel use open-source artificial intelligence in litigation. The natural extension, however, is how...more

EDRM - Electronic Discovery Reference Model

Court Suggests That Opposing Counsel Also Failed to Check Citations

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

Association of Certified E-Discovery...

Navigating Career Pitfalls and Possibilities in an AI Era

Artificial intelligence is transforming the legal industry, but not in the “robots will take our jobs” way, at least according to the perspectives shared in a recent ACEDS webinar titled “Navigating Career Pitfalls and...more

Troutman Amin LLP

“TROUBLING” TCPA CONSPIRACY?: Court Orders Individuals Accused of Shutting Down Businesses and Re-Opening Them to Avoid TCPA...

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At Troutman Amin, LLP we never defend scumbags– so we’re always looking for red flags at intake. One big red flag is if a potential client says something like “hey, even if I get hit with a huge judgment we’ll just shut down...more

Association of Certified E-Discovery...

AI, Work Product, and the Protective Order Problem: What Morgan v. V2X, Inc. Means for Every Litigator

On March 30, 2026, Magistrate Judge Maritza Dominguez Braswell of the District of Colorado issued a ruling in Morgan v. V2X, Inc. that is the most consequential AI-in-litigation decision we have seen yet. Originally...more

ModeOne

From Custodian to Counsel in Under a Day: Real Timelines with ModeOne

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In litigation and investigations, timelines matter. When legal teams need mobile data, they’re rarely asking for it because everything is calm and predictable. ...more

Thompson Coburn LLP

‘Target, Subject, and Witness, Oh My!’: How Status Affects Investigation Strategy

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Government investigations often start quietly but can escalate quickly, creating uncertainty for individuals and companies. Investigators use shorthand labels such as witness, subject, and target to categorize how they view a...more

Ward and Smith, P.A.

Still in the Blast Zone: A New Ruling Deflects Some of the Privilege Bomb’s Shrapnel, But Businesses Still Need to Suit Up

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The shrapnel flew fast and far, and some fragments wound both sides. Which is why a subsequent federal ruling, Warner v. Gilbarco, Inc. out of Michigan, matters.  It did not defuse the original bomb, and it did not neutralize...more

White & Case LLP

Five things you should know about… GenAI and Litigation

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The use of Artificial Intelligence (AI), including Generative AI (GenAI), is fast becoming an established part of legal practice. In September 2025, it was reported that 61% of lawyers in the United Kingdom use a form of AI...more

McGuireWoods LLP

Courts Begin to Address AI’s Evidentiary Issues: Part I

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As lawyers’ AI use dramatically expands, courts have begun to address both types of evidentiary protections for AI-related communications and results. Popular public AI service providers’ ugly disclaimers of confidentiality...more

EDRM - Electronic Discovery Reference Model

The AI Sanction Wave: $145K in Q1 Penalties Signals Courts Have Lost Patience with GenAI Filing Failures

ComplexDiscovery Editor’s Note: AI-generated hallucinations in court filings have crossed the threshold from embarrassing anomalies to a measurable enforcement trend. In the first quarter of 2026, U.S. courts imposed at least...more

Latham & Watkins LLP

LathamTECH In Focus: Cracking the Code: US Tech Expansion in Asia

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In this episode of LathamTECH in Focus, Rhys McWhirter, who leads Latham’s Data & Technology Transactions Practice in Asia, outlines the risks and opportunities for US tech companies seeking to enter Asia’s growing markets....more

EDRM - Electronic Discovery Reference Model

[Webinar] Deposition Masterclass: 5 Key Strategies for Testimony that Wins Cases - April 16th, 12:00 pm - 1:00 pm CDT

Depositions can make or break your case long before you ever step into the courtroom. Telling a story is a key priority in any effective litigation strategy, and depositions present a valuable opportunity to bring this story...more

Baker Donelson

A Legal Framework for the Discoverability of AI

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A growing body of case law is beginning to define when artificial intelligence (AI)-generated materials may be protected and when they will not. In addition to United States v. Heppner, three cases decided before and...more

Greenberg Glusker LLP

AI Chatbots and Attorney-Client Privilege: New Risks

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Several recent court decisions have addressed the use of artificial intelligence (AI) chatbots (e.g., ChatGPT, Claude, Copilot) in connection with legal matters. At least one court has found that a person’s communications...more

ModeOne

Who Really Controls the Data on an Employee’s Personal Phone?

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Mobile devices have become one of the most important sources of evidence in modern litigation and investigations. Yet the legal framework governing discovery obligations was written long before smartphones became the primary...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI Is Not Your Lawyer: Discovery Risks for Legal and IP Strategy

Using artificial intelligence (AI) platforms to assist with research, product development, or intellectual property strategy can create discoverable records that may waive confidentiality and privilege protections....more

HaystackID

[Webinar] When Seeing Isn’t Believing: Deepfakes, Digital Evidence, and Proving Authenticity in the Age of AI - April 22nd, 11:00...

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Artificial intelligence has fundamentally changed the reliability of digital media as evidence. Images, video, and audio, once treated as inherently trustworthy, can now be convincingly fabricated using GenAI and deepfake...more

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