News & Analysis as of

Electronic Discovery law-news Elections & Politics

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

Bond Schoeneck & King PLLC

New York’s Highest Court Grapples with Video Evidence in the Age of “Deepfakes”

As every trial attorney knows, litigation hinges on evidence. Not just any evidence, but evidence that is relevant and authentic and which meets the standards for admission “into evidence” in the case at hand. But with...more

Nextpoint, Inc.

Key Discovery Points: Lots of AI but Less Discovery at Legalweek 2026

Nextpoint, Inc. on

Legalweek 2026 is here! In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack what’s standing out ahead of this year's Legalweek — and what’s surprisingly missing. Using...more

Hanzo

Understanding FRCP Rule 26

Hanzo on

Rule 26 of the Federal Rules of Civil Procedure (FRCP) governs how discovery is handled in civil litigation. This includes initial disclosure of information and the scope of what can be requested and produced later on. While...more

Integreon

Navigating Cross-Border ESI Transfers in an Evolving Regulatory Landscape

Integreon on

During Legalweek, amid conversations about broad industry trends, attendees seek actionable strategies for the high-stakes demands that shape their daily work. One of the most persistent issues many companies struggle with is...more

Hanzo

What Is a Litigation Hold?

Hanzo on

If you are facing the possibility of a lawsuit, investigation, or regulatory inquiry, understanding what a litigation hold is and how it functions is critical. In simple terms, a litigation hold is a legal directive that...more

Purpose Legal

Discovery With Direction: The Strategic Advantage of Early Case Intelligence

Purpose Legal on

Most discovery early case assessment workflows are built around rudimentary sorting, filtering, and counting by Custodian, Date, Search term hits, etc. These activities can be very time-consuming, with strategic value...more

EDRM - Electronic Discovery Reference Model

The AI Literacy Gap is Now a Security and Compliance Liability

ComplexDiscovery Editor’s Note: AI literacy has become the baseline expectation for cybersecurity, information governance, and eDiscovery work—and the organizations treating it as “nice to have” are already paying for that...more

TransPerfect Legal

Why Technology and AI Are Now Essential to Compliance Programs and Investigations

TransPerfect Legal on

The American Conference Institute FCPA & Global Anti-Corruption Conference in Houston made one thing clear: technology and artificial intelligence (AI) in compliance programs are no longer optional. They are now an...more

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

TransPerfect Legal on

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

Dentons on

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

5,241 Results
 / 
View per page
Page: of 210

"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