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Non-Party Waited Too Long to Request to Use A.I., and Did Not Provide Sufficient Details
In Mi Familia Vota v. Fontes, the court rejected a non-party’s belated and vague proposal to use artificial intelligence to comply with a subpoena. The decision underscores that timely disclosure and detailed AI protocols are...
Attorney’s Selection and Ordering of Non-Privileged Documents From a Large Document Set is Work Product—Printing the Universe is Not
In Aliev v. Trans Union, LLC, the court reaffirmed that an attorney’s selection and arrangement of documents may be work product but rejected privilege claims where counsel effectively “printed the universe” rather than selectively compiling...
“The Court is keenly interested in whether Defendants’ counsel issued a litigation hold.”
In Jones Eagle LLC v. Ward, the court ordered “discovery on discovery” and demanded confirmation of a litigation hold after missing text messages and auto-delete settings raised Rule 37(e) concerns. The decision underscores that preservation...
Plaintiffs’ Failure to Timely Raise Lack of Defendant’s Privilege Log Defeats Waiver Claim
In Gurner v. American Family Mutual Ins. Co., the District of Nevada denied a motion to find privilege waiver based on an allegedly untimely privilege log. The court held that Rule 26 requires supplementation within...
Possession, Custody, or Control – Need for a Uniform National Standard – Part II
In L.S. v. Bolduan, the court applied the “legal right” test to deny Rule 34 control over documents held by shared defense counsel while signaling that use of those documents could trigger production. The decision...
A.I. Documents Deemed Not Privileged
A federal judge held that AI-generated documents created by a defendant and later shared with counsel are not protected by attorney-client privilege or work product doctrine. The ruling highlights growing risks around AI confidentiality, discoverability...
ESI Protocol Disputes Were Resolved by Court
The court in In Re: GoodRX settled several ESI protocol disputes, rejecting automatic relevance of confidential documents and limiting redactions. It also enforced cooperation in discovery processes and ordered privilege logs for redacted materials.
The $1.5 Billion Reckoning: AI Copyright and the 2026 Regulatory Minefield
From a $1.5B lawsuit to global transparency laws, AI copyright liability has arrived. Enterprises must now prove training data provenance or face serious risk.
Facial Recognition Technology in Maryland Criminal Cases
Maryland courts and statutes set key precedents for the admissibility, disclosure, and limits of facial recognition technology in criminal proceedings, principles with relevance far beyond state lines.
Lively v. Wayfarer Parties/Baldoni – Requests to Seal, Unseal, and a “Bottom-Line Order”
In its latest ruling, the Lively court rejected overbroad sealing requests, emphasizing public access and judicial accountability in discovery and summary judgment records.
Inadequate Privilege Log Fails to Meet Burden of Proof; Waiver Doctrine Does Not Apply
A federal magistrate judge held that an inadequate privilege log defeats a claim of attorney client privilege by failing the burden of proof rather than triggering waiver, offering important guidance for discovery practice.
A Privilege Log Can Be Admissible Evidence
A new ruling in Carefirst v. Johnson & Johnson affirms that privilege logs may be admissible evidence when specific metadata is used with proper foundation.