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Electronic Discovery law-news Wills, Trusts, & Estates

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

Ward and Smith, P.A. on

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

McGuireWoods LLP on

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

Baker Donelson on

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?

ModeOne on

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...

HaystackID on

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

Bowditch & Dewey

New Tech Meets Old Law: Further Clarification on the Discoverability of AI Output

Bowditch & Dewey on

Two recent federal cases, Warner v. Gilbarco, Inc., No. (E.D. Mich. Feb. 10, 2026), and United States v. Bradley Heppner, No. 1:25-cr-00503-JSR (S.D.N.Y. Feb. 17, 2026), provide further clarity on how the attorney-client...more

Association of Certified E-Discovery...

[Ongoing Program] AI in Action: Lessons from Legal Practitioners - April 22nd, 10:00 am PT

This is the second session in our AI series and will host a panel of practitioners who are embracing and using AI in their legal practice. They will discuss and share what has worked, what hasn’t, and any cautionary tales...more

Purpose Legal

Why General Counsel Are Turning to Flexible, Specialized Legal Talent

Purpose Legal on

Today’s general counsel face an expanding mandate. Since the pandemic, legal departments have been asked to manage increased regulatory pressure, heightened risk, digital transformation, workforce changes, and cost...more

TransPerfect Legal

You Chose Arbitration. You Didn’t Choose This.

TransPerfect Legal on

I once worked a $25 million construction dispute that cost about $15 million to litigate. 1.2 million documents. A partner, a paralegal, and I all relocated out of state for a month to arbitrate, billing 12 hours a day. A...more

Association of Certified E-Discovery...

[Webinar] Data, Disputes & Discovery: Strategies That Help Go from Risk to Readiness - April 21st, 10:00 am PDT

Modern legal teams are navigating an unprecedented convergence of challenges: exponential data growth, rising litigation and regulatory activity, emerging eDiscovery disputes, and the increasing complexity of digital...more

DarrowEverett LLP

Are AI Tools Practicing Law? Courts Are Starting to Weigh In

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In February, the internet was abuzz with commentary regarding a decision of the United States District Court for the Southern District of New York that treated a criminal defendant’s “chat” with a popular AI as a waiver of...more

Sheppard, Mullin, Richter & Hampton LLP

A Third Court Addresses AI Privilege and Protective Order Issues

A third court has now weighed in on AI privilege issues. Morgan v. V2X, Inc. (D. Colo. March 30, 2026). It found that AI-assisted litigation materials prepared via public AI tools are protected under Rule 26(b)(3) as mental...more

Foley & Lardner LLP

For Your Eyes Only? Not Quite: Shadow AI in the Workplace

Foley & Lardner LLP on

AI‑enabled transcription tools have quickly become a fixture in modern business meetings. Properly vetted and deployed, they offer efficiency and accessibility advantages. Yet, while many companies are still developing...more

Jones Day

CJEU Clarifies the Standard for Accessing Evidence in Competition Damages Cases

Jones Day on

On 29 January 2026, the Court of Justice of the European Union ("CJEU") delivered a ruling in Case C-286/24 (Meliá Hotels International, S.A. v Associação Ius Omnibus) addressing the standard for evidence disclosure in...more

Payne & Fears

Risks of Using an AI Chatbot for Legal Advice: Lessons from United States v. Heppner

Payne & Fears on

Imagine that you are an executive (who is not a lawyer) and are concerned about what your company plans to  do is legal. You could call your lawyer who might bill you for the call.  Or, you can ask your AI chatbot, such as...more

Cooley LLP

9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

Cooley LLP on

The U.S. Court of Appeals for the Ninth Circuit's Jan. 30 decision in Kalbers v. U.S. Department of Justice holds that documents produced to the government solely in response to a grand jury subpoena are protected from...more

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

Protecting Privilege and Work Product Doctrines When Handling USPTO Post-Grant Proceedings That Utilize Artificial Intelligence

Have you, your paralegal, your client, your expert, etc. used public generative artificial intelligence (“AI”) to perform research while preparing for a USPTO invalidity proceeding as a challenger or patent owner?...more

Association of Certified E-Discovery...

[Webinar] Empowering E-Discovery Advanced Project Management - April 17th, 11:00 am PDT

ACEDS Practical Skills Series - Effective project management is no longer optional in today’s complex e-discovery landscape. It is essential. As matters grow in scale and complexity, legal teams must adopt structured...more

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