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

AI Use Cases in Law: What Lawyers Can Actually Use AI for Today

IR Global on

Think about last week. How many hours did you spend searching through case law, tracking deadlines, or writing routine correspondence?...more

Haynes Boone

Attorney-Client Privilege and Work Product in the AI Age: Divergent Court Rulings in the Eastern District of Michigan and Southern...

Haynes Boone on

Courts are increasingly faced with deciding whether information litigants share with public artificial intelligence (“AI”) services and the AI’s output (together, “AI materials”) can be attorney-client privileged or protected...more

Bodman

Federal Court Holds Certain AI‑Generated Materials Are Not Privileged

Bodman on

On February 17, 2026, the U.S. District Court for the Southern District of New York issued a ruling in United States v. Heppner, No. 25‑cr‑00503‑JSR (S.D.N.Y. Oct. 28, 2025), holding that the attorney‑client privilege and the...more

Benesch

Dance Like No One is Watching, Text Like Your Words Will Be Published on the Front Page: The Importance of Internal Compliance...

Benesch on

Earlier this month, Benjamin Edwards, a broker-dealer firm, agreed to a censure and to pay a $750,000 fine for failing to properly supervise and preserve its employees’ business-related text messages....more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 227 | Michael Cammack and Stephanie Wienke of HaystackID sit down with Mary Mack and Holley Robinson

Michael Cammack, Deputy Information Security Officer, and Stephanie Wienke, Security Specialist for EDRM Trusted Partner HaystackID, sit down with Mary Mack and Holley Robinson. In this episode, Michael and Stephanie recount...more

EDRM - Electronic Discovery Reference Model

[Webinar] Tom O'Connor Chats with James Province of Microsoft About the Current State of eDiscovery in M365 - March 19th, 1:00 pm...

Need to know what's going on with M365 and eDiscovery? James Province has the answers. James practiced law as a litigator and then later became a legal technologist for many years. He was one of the first in our field to...more

Purpose Legal

ECI Defensibility Is About Process – Not Technology

Purpose Legal on

If you read, watch, and listen to industry content, you might think everyone is using AI all the time. Some certainly are. We work with many of them. There are still many skeptics. I understand why. Some tools...more

Davies Ward Phillips & Vineberg LLP

AI and Legal Privilege: Lessons from the Heppner and Warner Rulings in the United States

Two recent decisions from U.S. federal courts have produced strikingly different outcomes on whether materials generated using AI tools are protected by privilege or work-product doctrine. Both cases involved individuals or...more

Vedder

Are You Recording Me? The Risks of AI-Powered Notetaking and Recording in the Workplace

Vedder on

AI‑powered notetaking tools which can record or transcribe employment-related discussions and meetings have quietly entered the workplace, often through everyday applications employees already use....more

Integreon

The Five Archetypes of ALSPs, and How Global 1000s Can Find the Right Strategy

Integreon on

For years, the legal industry has tried to rebrand the Alternative Legal Services Provider moniker (ALSP). Some ALSPs call themselves “Law Companies,” others “Legal Tech Innovators,” and many shy away from the ALSP acronym...more

McGuireWoods LLP

Canadian Law Firm Loses Daffy Argument About Privilege Issue

McGuireWoods LLP on

Clients can lose privilege protection through explicit waiver (caused by disclosure), implied waiver (usually caused by reliance on undisclosed privileged communication to gain some litigation advantage), or as a sanction for...more

Esquire Deposition Solutions, LLC

Proven Steps to Efficiently and Ethically Obtain HIPAA-Protected Medical Records

Medical records win and lose civil cases. They corroborate testimony, quantify damages, and often compel early settlements. However, medical records are protected by the federal Health Insurance Portability and Accountability...more

Association of Certified E-Discovery...

Maximize Your Impact at Legal Tech Conferences Today

There is something powerful about being in the room. With Legalweek next week and a full calendar of eDiscovery and legal tech conferences throughout the year, many professionals are preparing to reconnect with colleagues,...more

Hogan Lovells

Leveson Part II: the operational blueprint for a system under strain

Hogan Lovells on

When Sir Brian Leveson published Part I of his Independent Review of the Criminal Courts, the emphasis was on structural reform. Part II moves decisively into operational reforms, setting out a dense and practical package...more

Eversheds Sutherland (US) LLP

When clients use AI: SDNY Court signals boundaries of privilege and work product protection

On February 17, 2026, the Honorable Jed S. Rakoff of the US District Court for the Southern District of New York issued a written decision with potentially far reaching implications for whether documents created using...more

Seward & Kissel LLP

Claude Is Not a Lawyer: Federal Court Rules that Use of Consumer AI Platforms Can Destroy Privilege Protections

Seward & Kissel LLP on

In a first‑of‑its‑kind decision, Judge Jed S. Rakoff of the Southern District of New York ruled that a criminal defendant’s written exchanges with a publicly available generative AI platform were not protected by either the...more

EDRM - Electronic Discovery Reference Model

Two Courts, Two Answers: When Does Using AI Waive Privilege?

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

Proskauer - Minding Your Business

Michigan Federal Court Protects AI-Assisted Litigation Work Product

Courts issued two seemingly conflicting rulings on whether AI generated materials are protected. Heppner (S.D.N.Y.) found that documents created with a consumer version of Claude AI were not privileged or work product because...more

Dickinson Wright

Dear Counsel, Meet Exhibit A: Your Client’s ChatGPT History

Dickinson Wright on

Depending on which court you ask, your latest prompt to an artificial intelligence (“AI”) chatbot is either a protected private thought or a voluntary disclosure to someone other than your lawyer....more

Baker Botts L.L.P.

Strategies for Handling a Serious Workplace Accident with Injuries

Baker Botts L.L.P. on

Baker Botts and ACC Houston hosted a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace. Partners Russell Lewis, Scott Elliott and Harrison Reback...more

Bailey & Glasser, LLP

"It Depends: A Comparison of Recent Rulings Regarding AI Use and Privilege"

Bailey & Glasser, LLP on

Two federal courts have issued rulings regarding whether a party’s use of generative AI tools were protected by the attorney-client privilege or work product doctrine. The answer, as attorneys are all too familiar with,...more

Association of Certified E-Discovery...

[Event] Beyond Automation: How Generative AI Will Make Lawyers Better at Their Jobs - March 12th, Vancouver, BC, Canada

Generative AI is reshaping the practice of law, not by replacing attorneys, but by elevating their capabilities in ways that were previously impossible. In eDiscovery, where the volume, velocity, and variety of data continue...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for March 2026 - March 17th, 1:00 pm - 2:00 pm ET

You’re in luck – we have eDiscovery case law! In our March 2026 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to waiver of attorney-client privilege on communications,...more

Perkins Coie

Federal Court Rules Client’s Use of Generative AI Is Not Privileged

Perkins Coie on

The U.S. District Court for the Southern District of New York recently held that communications by a criminal defendant with a publicly available generative AI platform are not protected by attorney-client privilege or work...more

Baker Botts L.L.P.

Handling Employee Sox and Dodd-Frank Whistleblower Complaints

Baker Botts L.L.P. on

Baker Botts and ACC Houston hosted a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace....more

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