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Evidence Discovery

Freeman Mathis & Gary

AI isn’t your co-counsel: Judge Rakoff provides a privilege wake-up call

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Federal courts are now confronting the question of whether a client’s AI-generated documents—created using prompts that incorporate information learned from counsel—fall within the attorney-client privilege. Judge Rakoff of...more

A&O Shearman

Southern District of New York judge Rules That AI-Generated Documents Prepared Without Counsel Direction Were Not Protected By...

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On February 10, 2026, Judge Rakoff of the Southern District of New York ruled that certain AI-generated documents, created by an individual using an AI tool and then sent to that individual’s attorney in the context of...more

McGuireWoods LLP

When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected

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On February 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client...more

Goldberg Segalla

Motion to Preclude Witnesses Offered Outside Discovery Deadline is Denied

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Jurisdiction: United States District Court for the Eastern District of Louisiana - Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner allege decedent Michael P. Dandry Jr., while an employee for Avondale, was exposed...more

K&L Gates LLP

Litigation Minute: Is AI-Generated Content Discoverable? What Companies Need to Know in 2026

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Artificial intelligence tools are rapidly reshaping how ESI is created and stored, particularly with respect to content generated by large language models. As companies adopt generative AI (GenAI) tools for drafting,...more

EDRM - Electronic Discovery Reference Model

A.I. Documents Deemed Not Privileged

In AI Docs Sent By Exec To Attys Not Privileged, Judge Says – Law360 (Feb. 10, 2026), Pete Brush reported a bench ruling holding that “a Texas financial services executive accused of a $150 million fraud cannot claim...more

McGuireWoods LLP

Court Backs Off Strict “Need-To-Know” Standard

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Many judicial decisions explain that intra-corporate disclosure of privileged communications can waive that protection if shared with corporate employees having no “need to know.” That warning almost always appears in the...more

Kilpatrick

6 Key Takeaways - Ethics: Investigations Gone Wild

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Many companies routinely use private investigators or other covert techniques to review possible infringements, including to obtain evidence of infringement and unfair competition by competitors, and to gauge the scope and...more

Cooley LLP

Protecting Grand Jury Materials From FOIA: Lessons From the Ninth Circuit’s Kalbers Decision

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The US Court of Appeals for the Ninth Circuit’s recent decision in Kalbers v. DOJ confirms that documents produced solely in response to a grand jury subpoena are protected from disclosure under the Freedom of Information Act...more

Association of Certified E-Discovery...

[Webinar] From Collection to Court: Defensible Web Capture for Modern E-Discovery - February 19th, 10:00 am PST

Web evidence is everywhere - social posts, dynamic webpages, customer portals, maps, and more. In this webinar, Page Vault demonstrates how law firms can capture online content in a way that supports defensibility and...more

Association of Certified E-Discovery...

[Webinar] Context-Aware eDiscovery: A Modern Approach for Modern Data - February 18th, 10:00 am PST

eDiscovery was built for an on-premise world of static files and email attachments, but today’s enterprise data lives in collaborative, cloud-native ecosystems where documents (including hyperlinked files) are continuously...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for February 2026 - February 16th, 1:00 pm - 2:00 pm ET

Love is in the air – for eDiscovery case law! In our February 2026 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to underlying source data for produced spreadsheets, in camera...more

Jones Day

Global Trade Secret Update - Key Developments in 2025

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Ninth Circuit Finds that the Sufficiency of a Trade Secret Disclosure in Discovery Is a Question of Fact - Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc., 149 F.4th 1081 (9th Cir. 2025) - The Ninth Circuit Court of...more

EDRM - Electronic Discovery Reference Model

Facial Recognition Technology in Maryland Criminal Cases

Facial Recognition Technology, or “FRT,” is a form of artificial intelligence.  Maryland has cases,  statutes, and procedural rules that govern the use of facial recognition technology in criminal cases....more

Orrick, Herrington & Sutcliffe LLP

English High Court Refuses Anti-Suit Injunction to Block Subpoenas in BHP v. Pogust Goodhead

The English High Court has dismissed a claim for an anti-suit injunction (ASI) by BHP Group (UK) Ltd and BHP Group Limited (collectively "BHP") against PGMBM Law Ltd, trading as Pogust Goodhead. ...more

Carlton Fields

Florida Appeals Court Decisions Week of January 19 - 23, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Jones - rehearing, drug trafficking, evidence, closing arguments, misconduct, Miranda - Renco v. Napoli Shkolnik - § 1782 discovery, protective order, foreign activities...more

EDRM - Electronic Discovery Reference Model

Lively v. Wayfarer Parties/Baldoni – Requests to Seal, Unseal, and a “Bottom-Line Order”

Lively v. Wayfarer Studios LLC, 2026 WL 145483 (S.D.N.Y. Jan. 20, 2026), is the latest in a long line of discovery and other decisions in this matter. The court wrote: “Before the Court are various requests for sealing and...more

Cooley LLP

Disclosure: How the English Courts Balance Comity, Risk of Foreign Sanctions and the Fair Disposal of Proceedings

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The Court of Appeal’s judgement in Various Claimants v. Standard Chartered plc is a significant decision on whether an English court may compel disclosure of documents that are confidential under foreign regulatory regimes –...more

EDRM - Electronic Discovery Reference Model

Effective Advocacy 101 in the Age of eDiscovery and AI: A Guide for Lawyers and Their Clients

The fundamental building blocks of effective trial advocacy are remarkably unchanged, despite vast changes in how information is found, analyzed, and presented in courtrooms, hearing rooms, arbitrations, and mediations. In...more

Offit Kurman

Power, Proof, and Perception in the Blake Lively–Justin Baldoni Litigation

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This blog provides an update on the ongoing litigation involving Blake Lively and Justin Baldoni. If the original blog explored how this case began, this chapter is about what it has become....more

Purpose Legal

Digital Forensics Expert Witnesses: Role, Responsibilities, and Courtroom Impact

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In modern litigation, digital evidence is rarely optional. Emails, mobile data, collaboration platforms, cloud activity, and system metadata now sit at the center of many disputes. When that evidence becomes contested, the...more

Maison Law

What to Expect if Your California Personal Injury Goes to Trial

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If you're heading to trial in California for your personal injury case, it's probably pretty scary - especially when you thought this whole thing would've been settled by now. Most of these cases get worked out without ever...more

Integreon

eDiscovery Best Practices in the Pharmaceutical Industry

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Pharmaceutical companies generate vast data during drug development and regulatory processes, making eDiscovery complex due to data volume, sensitivity, and compliance. Efficient eDiscovery solutions are essential to manage...more

Fisher Phillips

Top 2026 Predictions for Workplace Litigation

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Our Litigation and Trials thought leaders pulled together their top predictions for the new year so that employers can get a running start to 2026....more

Kennedys

Board minutes under the microscope: Evidentiary value, privilege pitfalls and post-crisis reconstruction

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Board minutes are often treated as routine corporate housekeeping—prepared after the fact, approved quickly and filed away. Yet in litigation, regulatory inquiries and internal investigations, minutes frequently become one of...more

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