News & Analysis as of

Electronic Discovery law-news Professional Practice

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

Court Orders Healthcare Recruiter To Turn Over Text Message Data In TCPA Class Action

Fox Rothschild LLP on

Recruiters who contact candidates by text message should take note of a recent decision out of the Western District of Virginia. In Kattato v. Cross Country Healthcare, Inc., No. 7:23-CV-00485 (W.D. Va. Feb. 23, 2026), the...more

Offit Kurman

In Depth Crypto Secrets and Divorce: Valuing Hidden Wealth in New York Splits

Offit Kurman on

As cryptocurrency moves from the margins of finance into the mainstream, matrimonial practitioners are increasingly encountering digital assets in divorce proceedings....more

LegalMation

Navigating the Data Explosion: Leveraging Automation for E-Discovery and Document Review

LegalMation on

The volume, complexity, and diversity of data in modern organizations has exploded—fueled by cloud collaboration, proliferating communication platforms, and an always-on, always-connected business environment....more

Hanzo

How to Preserve Slack and Teams Data Without Disrupting Workflows

Hanzo on

As collaboration tools become central to daily operations, you may need to determine how to preserve Slack and Teams data without disrupting current IT or Legal workflows. Slack and Microsoft Teams now contain critical...more

Hanzo

How To Achieve WORM Compliance

Hanzo on

If you are unsure whether your current systems truly meet write once, read many (WORM) requirements, you are not alone. How to achieve WORM compliance is often a top concern for those responsible for managing regulated...more

Baker Donelson

Your AI Prompts May Be Discoverable: What Every Client Must Know

Baker Donelson on

A recent federal court ruling has delivered a significant wake-up call to anyone who has used an artificial intelligence (AI) platform to research legal issues, understand their rights, or prepare for a conversation with an...more

Nutter McClennen & Fish LLP

After Heppner: The Shadow AI Trap

A corporate executive used a free AI tool to assess his legal exposure. Federal agents seized the AI-generated documents. Defense counsel claimed privilege. The court ordered production. In United States v. Heppner, No. 25...more

Epstein Becker & Green

“Claude Is Not an Attorney”: Individuals Risk Abandoning the Attorney-Client Privilege and Attorney Work-Product Doctrine When...

Epstein Becker & Green on

A federal judge recently concluded that the defendant in a white-collar securities dispute may not claim that his conversations with the artificial intelligence (“AI”) tool, Claude, are privileged. Litigators and clients now...more

Association of Certified E-Discovery...

Judicial Safety, Judicial Independence, and the Rule of Law

At Legalweek 2026, one of the most consequential conversations did not focus on AI roadmaps, platform consolidation, or the future of litigation workflows....more

HaystackID

Judicial Guidance on Enhancing Conflicts Screening for Document Reviewers

HaystackID on

Editor’s Note: Modern discovery workflows rely heavily on advanced technology, yet the ethical and operational responsibilities surrounding document review remain firmly in human hands. In this article, seasoned eDiscovery...more

Hogan Lovells

Privilege as between company and former directors – UK High Court rules that company cannot assert privilege over legal advice

Hogan Lovells on

In The Serendipity Centre Limited v Susan Tinson [2026] EWHC 349 (Ch), the High Court held that a company could not withhold legal advice from a former director who had already lawfully seen its contents. The information was...more

Hogan Lovells

AI in the justice system: From pilots to infrastructure

Hogan Lovells on

At the Westminster Legal Policy Forum conference on 26 February 2026, the dominant theme was urgency. The justice system is dealing with backlogs, rising complexity and an evidential environment shaped by digital data at...more

Brooks Kushman P.C.

AI Security and Access Controls: Best Practices for 2026 and Beyond

Brooks Kushman P.C. on

Artificial intelligence has rapidly shifted from experimental tooling to embedded enterprise infrastructure. In 2025, organizations across industries moved AI systems into production environments that influence regulated...more

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?

Hanzo on

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

Secretariat on

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

5,262 Results
 / 
View per page
Page: of 211

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide