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Weekly Letter to Our EDRM Global Community – 20 October 2026
This week’s EDRM letter features recent blog posts, upcoming webinars, notable podcasts, and key announcements. Stay engaged with the EDRM community for the latest insights and support.
Is There a “Litmus Test” for a Categorical Privilege Log
A categorial privilege log was not appropriate for a small number of documents according to Glaxo Grp. Ltd. v. Transpire Bio Inc., 2026 WL 30333478 (S.D. Fla. Oct. 9, 2026). The court wrote that: “The...
Waterloo and Elevate researchers say Redgrave’s aiR study compared two different tasks
Eighty-eight percent against 64 percent was the comparison that traveled. A new research paper built on the same 45,004 documents argues the two figures never measured the same task. Measured on a common task, its...
Defendant Claimed Video of Abuse Was a “Deepfake”; Victim Was Asleep and Could Not Attest to Abuse
After an alleged “deepfake” video of a sexual assault was admitted over objection, the Defendant appealed his conviction. The Supreme Court of Iowa wrote: “In this sexual abuse case, we are asked to decide whether the...
The Four Eras of Search: From “Which Keywords?” to “What Happened?”
For the first 20 years of my career, I asked questions for a living. As a trial lawyer, I wanted to know what really happened. Who knew about the problem? When did they know? What...
Proposed Montana Deepfake Rule
The Montana Commission on Rules of Evidence has amended its proposed rule of evidence to address deepfakes. Based on public comments, proposed Rule 901 was “modified to avoid confusion where a judge, not a jury,...
The Surprising Side of Rogue AI: Rethinking Information → Knowledge → Wisdom, Part Three
Part Two ended with the importance of compassion, restraint and recognizing the Other. But Wisdom is not a final destination. What we do, or choose not to do, has consequences. Those consequences give us new...
Are an Expert’s A.I. Prompts Discoverable? Maybe.
Michael D. Berman uses Villanueva v. Las Vegas Metropolitan Police Dept. to discuss disclosing AI prompt systems in court, and the protections around AI searches.
Weekly Letter to Our EDRM Global Community – 13 October 2026
This week’s EDRM letter features recent blog posts, upcoming webinars, notable podcasts, and key announcements. Stay engaged with the EDRM community for the latest insights and support.
September HSR reported transactions slip to 193 as fiscal 2026 closes at 2,555, its largest total since 2022
The Premerger Notification Program logged 193 reported transactions in September 2026, according to preliminary data from the Federal Trade Commission, a 28.8 percent drop from August’s fiscal-year high of 271. The decline closed a fiscal...
The Surprising Side of Rogue AI: Rethinking Information → Knowledge → Wisdom, Part Two
In Part Two of his series, Ralph Losey revisits and expands his ideas about the Information Age, exploring how advances in artificial intelligence are reshaping our understanding of knowledge, wisdom, and human judgment.
Three More A.I. Protective Orders
Michael D. Berman examines three recent AI protective orders addressing how confidential discovery materials may, and may not, be submitted to artificial intelligence tools.