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Evidence Litigation Strategies

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

Association of Certified E-Discovery...

The Power of the PDF: Bookmarks and Better Litigation Workflows

During the ACEDS Practical Skills Series webinar, The Power of the PDF: Bookmarks and Other Tips, Global Advisory Board members Sonya Judkins, Senior Manager, Discovery & Information Governance at T-Mobile, and Joy Murao,...more

Offit Kurman

The Role of an Expert Witness

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Join Anders Sleight and Niall McMillan from Offit Kurman as they explore the significance of expert witnesses in commercial litigation. This episode of Litigators Lounge explains the difference between fact witnesses and...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

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

Freeman Mathis & Gary

Eleventh Circuit tightens Rule 803(4) purpose requirement in recent case

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In United States v. Keegan (Dec. 17, 2025), the Eleventh Circuit addressed a defense attempt to use Federal Rule of Evidence 803(4)—the hearsay exception for statements “made for—and … reasonably pertinent to—medical...more

Blank Rome LLP

Ninth Circuit Clarifies Class Member Standing in Healy v. Milliman

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The Ninth Circuit’s decision in Healy v. Milliman, Inc., No. 24-3327, --- F.4th ----, 2026 WL 71863 (9th Cir. Jan. 9, 2026), carries significant implications for class action defense and litigation strategy across the Ninth...more

Blank Rome LLP

The Casualty Occurred, Now What? Preserve the Evidence!

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After a marine casualty occurs, there will be many immediate actions for the relevant parties, including the vessel’s owner, manager, insurers, and counsel (“vessel interests”), to handle. This article is one in a series...more

Butler Snow LLP

The New USPS Guidance Every Lawyer Should Be Aware Of

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Most lawyers learn about the “mailbox rule” in their first-year contracts course. And whether a lawyer’s practice is focused on litigation or transactions, lawyers frequently face deadlines that can be met based on when an...more

J.S. Held

Expertise in the Age of Algorithms: Trust and Transparency in AI-Assisted Litigation

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Synthetic technologies are reshaping the legal landscape, presenting expert witness reporting with a pivotal challenge: integrating the innovation that artificial intelligence provides without compromising ethical standards...more

Holland & Hart - Your Trial Message

Don’t Reduce Jurors to Their Political Identities (But Don’t Ignore It Either)

Whether we are talking about Minnesota or Greenland, or a score of other contested narratives within the field of political conflict, the role of a person’s ideological and partisan leaning has probably never been more...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

Robinson+Cole Class Actions Insider

Ninth Circuit Says Class Members Must Demonstrate Standing at Summary Judgment for Certified Damages Classes

A recent Ninth Circuit decision held that both named and unnamed class members in a class seeking monetary damages must come forward with sufficient evidence of Article III standing at the summary judgment stage—not merely at...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

Freeman Mathis & Gary

Objection SustAIned: Artificially Generated Evidence Makes its Way into the Courtroom

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Odds are, you’ve caught yourself doing it: you see something so outrageous online that it couldn’t possibly be true (could it?), and your gut reaction is to brush it off as a product of artificial intelligence. Heightened...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

Ballard Spahr LLP

UK High Court of Justice Freezes Worldwide Assets of Astor Defence and Henry Turnbull: What Was Ordered, Why It Matters, and What...

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Justice Cotter of the U.K. High Court of Justice, King’s Bench Division, has continued an October 9, 2025, freezing injunction against Astor International, Astor Defence, and their principal, Henry Turnbull. This injunctive...more

Troutman Amin LLP

CLASS IS NOT IN SESSION: Court Affirms Denial of Class Certification In TCPA Lawsuit

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Hi TCPAWorld! Defendant just scored a huge victory with a Court affirming a denial of class certification in their lawsuit. In Brian J. Lyngas, D.D.S., P.L.L.C., v. IQVIA, INC., 2025 WL 3565507 (E.D. PA Dec 12, 2025),...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

Holland & Knight LLP

Podcast - Reading the Room

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In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues the discussion of U.S. v. Rendle and explains why reading the room matters in court. Mr. Small shows how judges, juries and the pace of...more

Troutman Amin LLP

SHIFT: Court Orders Plaintiff to Pay for Cost of Massive Discovery Production Required From Duke Energy–And Its a Start

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In Mable v. Duke Energy, 2025 WL 3535057 (N.D. Fl. Nov. 18, 2025) the court overrule most of Duke’s objections and compelled a massive production consisting of for the period from September 17, 2020 through October 31, 2025,...more

Cimplifi

Taming Modern Data Challenges: The Case Law of Linked Documents

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Case law is one of the strongest indicators of how courts expect discovery issues involving linked documents to be handled, and several notable rulings have addressed this topic....more

K&L Gates LLP

Litigation Minute: Proof Required: Evaluating AI in Litigation Practice

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What You Need to Know in a Minute or Less - In litigation, everything comes down to evidence—what you can prove, what you can verify, and what holds up under scrutiny. The same principle now applies to artificial intelligence...more

Esquire Deposition Solutions, LLC

Artificial Intelligence Prompts Most Reader Interest in 2025

The journey from 2023 to 2025 has been interesting to say the least. The year 2023 was a time for considering the promise of artificial intelligence. In 2023, we highlighted nascent state efforts to regulate artificial...more

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