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

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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

Freeman Mathis & Gary

Massachusetts court holds designating former attorney as expert witness waives attorney client privilege

Freeman Mathis & Gary on

The Massachusetts Superior Court recently issued a notable discovery ruling that serves as an important reminder for litigants who consider naming a former attorney as an expert witness. In Cummings v. Deloitte, the court...more

Dentons

Landmark AI Rulings Impacting All

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Generative AI tools have quietly moved from novelty to fixture in how lawyers and their clients research, write, and prepare for litigation. Two US federal courts just issued the first rulings of their kind addressing the...more

Troutman Pepper Locke

Federal Judge Holds Generative AI Communications Are Not Privileged in Decision Likely to Impact Litigation and Regulatory...

Troutman Pepper Locke on

As the use of artificial intelligence (AI) becomes more prevalent in day-to-day life and in the legal field, in particular, thorny questions arise regarding the implications of that use. One such question is whether exchanges...more

Hogan Lovells

Leveson on AI in the criminal courts – efficiency and the limits of automation

Hogan Lovells on

Sir Brian Leveson used his Westminster Legal Policy Forum speech to connect two strands of the criminal courts debate that are often treated separately: the scale of delay, and the operational role of technology in reducing...more

Association of Certified E-Discovery...

[Webinar] AI & You Series: Navigating Career Pitfalls & Possibilities in an AI Era - March 20th, 11:00 am PDT

This program is part of the ACEDS “AI and You” series and will spotlight the opportunities that AI has created for e-discovery and legal professionals, the pitfalls it presents, and the possibilities for transforming your...more

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

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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

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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

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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

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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

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