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

To see or not to see: Disciplined worker entitled to employer’s surveillance footage

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Although it involves the claim of a union employee under the National Labor Relations Act (NLRA), a recent labor board decision reminds us that, under some circumstances, an employee may request that their employer provide...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Revives Trade Secret Misappropriation Claims Based on Evidence Spoliation

When an employee leaves to join a competitor, the former employer may have concerns that the employee will use its proprietary and confidential business information to assist that competitor. ...more

Morgan Lewis

Keys to Success in Cyber Incident Response in 2026

Morgan Lewis on

In 2026, cybersecurity incidents are no longer a matter of if, or even when, for most companies. Repeat attacks, identity-driven intrusions, supply chain compromises, insider mistakes, AI-enabled exploitation, quick...more

HaystackID

Glasswing widens: Anthropic puts Mythos inside power, water and hospital operators across more than 15 countries

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Anthropic on Tuesday expanded Project Glasswing beyond its roughly 50 initial partners, extending access to a new cohort of approximately 150 organizations in more than 15 countries. The restricted Claude Mythos Preview...more

Association of Certified E-Discovery...

[Webinar] Strengthen your E-Discovery IQ in a Rapidly Changing AI-Fueled Market - June 19th, 11:00 am PDT

See What's Coming and Using Proven Techniques to Prepare - The AI boom is forcing legal teams to act faster and develop a culture of rapid decision-making. In this discussion, members of the ACEDS Global Advisory Board...more

Harris Beach Murtha

Are Your Expert’s AI Prompts Discoverable? Expert Discovery in the Age of AI

Harris Beach Murtha on

A recent order from Magistrate Judge Thomas O. Farrish of the U.S. District Court for the District of Connecticut addresses an issue many companies are only beginning to confront: when an expert witness uses artificial...more

A&O Shearman

Imaging orders in UK employment disputes

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Employers whose competitive advantage depends on proprietary technology, engineering know-how, trade secrets or sensitive commercial data are among the most exposed when a key employee departs for a competitor. The risk is...more

Mayer Brown

AI Notetakers: Productivity Tool or Emerging Legal Risk?

Mayer Brown on

At some point, most people have almost certainly encountered an AI notetaker in a virtual meeting. These tools function as automated participants, joining calls to record, transcribe, and summarize discussions, often...more

McGuireWoods LLP

Another Litigant Loses Common Interest Argument and Forgets the Work Product Doctrine

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As previous Privilege Points have noted, (1) entering into a common interest agreement does not assure protection from waiver – the law determines that; and (2) lawyers should always consider both attorney-client privilege...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 232 | Jeff Rutherford and Justin Fitzsimmons of Magnet Forensics sit down with Mary Mack and Holley...

Jeff Rutherford, Forensic Consultant, and Justin Fitzsimmons, Technical Prosecutor Lead for EDRM Trusted Partner Magnet Forensics, sit down with EDRM’s Mary Mack and Holley Robinson. In this episode, Jeff and Justin recount...more

Hanzo

Claude for Legal Is Here – Now Legal Teams Need the Workflow Layer to Scale Its Impact

Hanzo on

May 2026 has been an eventful month for legal AI, and we view the recent momentum as a positive and encouraging development. Anthropic launched Claude for Legal with 12 practice-area plugins, 20+ MCP connectors, and...more

Kohrman Jackson & Krantz LLP

Delaware Court Highlights Discovery Risks of Private Messaging Apps

A recent Delaware Court of Chancery decision offers a blunt reminder for executives, directors and legal teams: once litigation is reasonably anticipated, private messaging apps may fall within the scope of discovery and the...more

HaystackID

Handling Preservation of Nontraditional ESI Sources for eDiscovery

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Editor’s Note: Preserving electronically stored information (ESI) has become increasingly complex as organizations rely on a growing mix of communication platforms, cloud applications, structured data systems, and AI-enabled...more

Holtzman Vogel Baran Torchinsky & Josefiak

Before the Letter Arrives: How Companies Should Prepare for Congressional Investigations

Does your company have a plan to respond to a congressional investigation? While many in-house counsel have navigated high-stakes litigation, congressional investigations present a different kind of challenge. The stakes are...more

Association of Certified E-Discovery...

[Hybrid Event] Back to Basics CLE - June 24th, Fort Lauderdale, FL

Join the ACEDS - South Florida Chapter for our Back to Basics CLE! Ready to sharpen your skills? This event is perfect for anyone looking to get a solid foundation in e-discovery and compliance essentials. Connect with...more

Association of Certified E-Discovery...

[Hybrid Event] Back to Basics CLE - June 24th, Miami, FL

Join the ACEDS - South Florida Chapter for our Back to Basics CLE! Ready to sharpen your skills? This event is perfect for anyone looking to get a solid foundation in e-discovery and compliance essentials. Connect with...more

Baker Donelson

AI-Assisted Patent Drafting: Validity Concerns and Practical Guidance

Baker Donelson on

This is the second installment in a two-part series examining the implications of using generative artificial intelligence (GAI) in the drafting and prosecution of patent applications. In part one, we discussed the privilege...more

Fenwick & West LLP

AI Moderation and Anti-Cheat Systems Could Become the Next Wave of Games Litigation

Fenwick & West LLP on

For years, moderation and anti-cheat systems largely operated in the background, with most disputes confined to support tickets and account appeals. That may be starting to change....more

EDRM - Electronic Discovery Reference Model

[Webinar] 5 Minutes, Not 90: The New Standard for Subpoena Response - June 17th, 1:00 pm - 2:00 pm ET

A typical subpoena can take 60–90 minutes just to read, enter, triage, and route across disconnected systems. Multiply that across hundreds or thousands of requests—and you’re looking at weeks of lost time every year spent...more

Dickinson Wright

Privilege at Risk: How Pleading Lack of Legal Understanding Can Backfire

Dickinson Wright on

What happens when a party claims it misunderstood the legal consequences of a contract, but had in fact obtained legal advice at the time it was executed? The short answer is that it can result in a complete loss of...more

Cimplifi

Know When to Hold Em: Duty to Preserve and the Federal Rules

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The duty to preserve evidence has always been central to the integrity of litigation and regulatory investigations. But the way organizations fulfill that duty has transformed dramatically over the past half century....more

Winthrop & Weinstine, P.A.

Generative AI and Attorney-Client Privilege: Conflicting Federal Court Orders Create Uncertainty

In a previous client alert, we reported on United States v. Heppner, No. 25 Cr. 503 (S.D.N.Y. Feb. 17, 2026), in which Judge Jed S. Rakoff of the Southern District of New York ruled that a criminal defendant’s communications...more

BDO USA

AI, Privilege, and the Cognitive Miser: Rethinking Legal Ethics in the Age of Generative AI

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In this episode of BDO’s Legal Tech Talk, host Daniel Gold and co-host Eric Derk are joined by James Sherer, partner at BakerHostetler and co-leader of the firm’s emerging technology team, to explore one of the most pressing...more

HaystackID

When you can’t trust the evidence: deepfakes force a forensic reckoning in Dublin

HaystackID on

A finance worker joined a routine video call with his chief financial officer and several colleagues. Every face on the screen was a forgery. By the time he called head office to check, the equivalent of about $25.6 million...more

Hanzo

When Legal Holds Reach Management: How To Communicate Responsibilities Clearly

Hanzo on

Legal holds often begin with your compliance team, but they must extend throughout your organization. If you are considering how to communicate responsibilities clearly when a legal hold is issued to your management team, you...more

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