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Important A.I. Work Product and Protective Order Decision: Application to Pro Se Litigant and Beyond?
Can using AI in litigation stay protected, or does it risk exposing strategy? A new decision in Morgan v. V2X draws a careful line, protecting AI-assisted work product while placing real limits on how confidential...
When Should a Motion for Sanctions be Filed?
Harris v. Washington County, 2026 WL 813917 (D. Utah Mar. 24, 2026), highlights a recurring procedural problem in federal discovery practice: the Federal Rules do not set a clear deadline for filing sanctions motions. In...
Does Disclosure of Litigation Hold Directive to Preserve “Texts” Waive Privilege?
A recent decision examines whether identifying “texts” in a litigation hold waives privilege and what it takes to compel disclosure of hold notices.
Nonsensical Spellings and Fabricated Authority Signal Improper Use of Artificial Intelligence
A federal court found that nonsensical spellings and fabricated authority revealed improper AI use, resulting in dismissal without leave to amend.
Well-Reasoned “Hallucination” Analysis
A federal court decision in Brownfield v. Cherokee Co. School Dist. clarifies that failing to verify AI-generated citations can trigger Rule 11 sanctions, even for pro se litigants.
Evidence Sufficient to Demonstrate that Audio Recording Was Not a Deepfake
In Burnley v. Valentin (E.D. Va. 2026), the court held that an audio recording was properly authenticated despite a deepfake challenge, emphasizing FRE 901’s low threshold, witness testimony, and voice identification.
Defensible by Design: What Legal Teams Must Get Right About AI Privilege Workflows
AI is now operational in privilege review, but defensibility remains the standard. Drawing on a Legalweek 2026 panel, this article explores validation protocols, the distinction between classification and logging, and the importance of Rule 502(d)...
Plaintiff Sold Her Cell Phone After Litigation Commenced
In Hernandez v. DiBiaso (N.D. Ill. Mar. 9, 2026), the court held that selling a cell phone after litigation began violated preservation duties under Rule 37(e). Although the loss of ESI caused prejudice, the court...
Example of a Proper Use of GenAI
A 2026 Eleventh Circuit ruling provides a clear, verifiable example of proper generative AI use in litigation, where an acknowledged AI-generated diagram supported factual analysis.
EEOC to Get a Fee Award for Defendants’ Discovery Failures
A federal court awarded the EEOC attorneys’ fees after repeated discovery failures by defendants, emphasizing Rule 26(g) certification duties, Rule 37 sanctions, and the importance of diligent ESI searches and timely production.
December 2025 Privilege Protection Amendments to Fed.R.Civ.P. 16 and 26
Amendments effective December 1, 2025 to Federal Rules of Civil Procedure 16 and 26 emphasize early planning for privilege claims, encourage Rule 502 non-waiver orders, and highlight flexible approaches to privilege logging. The changes push...
The Purpose of an ESI Protocol
A federal court reminds litigants that disagreement over an ESI protocol does not equal an impasse. Parties must meaningfully meet and confer before seeking judicial intervention.