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In an Asset Sale, Don’t Sell the Server That Holds Privileged Communications

October 21, 2025

A recent decision in Jim Daws Trucking v. Daws, Inc. underscores how selling a server with privileged emails can waive attorney-client privilege—raising red flags for information governance and asset purchase practices.

Blog Articles, Case Law, In the News, Lawyers Duties, Metadata, Recent News, Technology
Michael D. Berman

No More Excuses: The Legal Profession’s Tech-Education Mandate in the Age of AI

October 21, 2025

The age of AI demands more than compliance—it demands mastery. Judge Ralph Artigliere highlights Professor Bill Hamilton’s transformative approach to legal technology education, showing that ethical excellence and digital literacy are one and the same.

AI, AI Ethics, AI Instruction, Blog Articles, How-To Guides, In the News, Lawyers Duties, Recent News, Technology
Hon. Ralph Artigliere (Ret.)

Definition and Application the Crime-Fraud Exception to A-C Privilege

October 13, 2025

In Burge v. Teva, the court applied the crime-fraud exception to attorney-client privilege, requiring disclosure of redacted documents that evidenced fraudulent concealment involving counsel.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Uncategorized
Michael D. Berman

Rule 37(e)(1) Sanctions for Breach of Duty to Preserve Communications

October 9, 2025

A Maryland court imposed Rule 37(e)(1) sanctions against a plaintiff for failing to preserve key Facebook and text message communications, providing the jury with a special instruction on the spoliation.

Blog Articles, Case Law, In the News, Lawyers Duties, Metadata, Recent News, Rules, Technology
Michael D. Berman

Navigating a Government Investigation: Insights for In-House Counsel

October 2, 2025

A government inquiry can disrupt operations and put legal standing at risk. This guide helps in-house counsel respond effectively and protect their organizations.

Blog Articles, How-To Guides, In the News, Lawyers Duties, Partner News, Recent News
Team Redgrave LLP

My Father is a Lawyer – Are My Emails With Him Privileged?

September 16, 2025

A federal court ruled that emails between a woman and her father, a litigator, were not protected by attorney-client privilege. The decision highlights that a familial relationship alone doesn’t establish privilege without clear legal intent,...

Blog Articles, Case Law, In the News, Lawyers Duties, Metadata, Recent News, Rules
Michael D. Berman

What is a “Document?”: Interior Email Omitted from Email Chain – Sanctions Follow for Lack of Candor to Court

September 11, 2025

In Golat II, the court sanctioned counsel for omitting a key email in a discovery dispute, spotlighting the duty of candor and redefining what qualifies as a “document” in ESI.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Michael D. Berman

Hallucinations, Drift, and Privilege: Three Comic Lessons in Using AI for Law

September 10, 2025

Ralph Losey created teaching hypotheticals for attorneys using AI, and tasked the AI’s to do it with humor. “Here’s the twist: the comedy wasn’t mine. It came from GPT-5, the latest large language model whose...

AI, AI Instruction, Lawyers Duties, LLM, Recent News, Topic
Ralph Losey

Half-Baked Motion to Compel Was Not Prompt, Not Ripe, Not Complete, and Not Likely to Succeed

August 22, 2025

In Golat v. Wisconsin State Court System, the court rejected a motion to compel as untimely, incomplete, and lacking good faith, highlighting the importance of candor and proper timing in discovery disputes.

Blog Articles, Case Law, In the News, Lawyers Duties, Recent News, Rules
Michael D. Berman

Reasonable or Overreach? Rethinking Sanctions for AI Hallucinations in Legal Filings

August 18, 2025

When AI-generated hallucinations appear in court filings, how should judges respond? A new four-pillar framework proposes principled, proportional sanctions to protect the justice system without overreach.

AI, AI Ethics, Blog Articles, ChatGPT, How-To Guides, In the News, Lawyers Duties, LLM, Recent News, Rules, Technology, wisdom
Hon. Ralph Artigliere (Ret.), Prof. William F. Hamilton

When AI Conversations Become Compliance Risks: Rethinking Confidentiality in the ChatGPT Era

August 14, 2025

AI chats may seem private, but legal experts warn they could become courtroom evidence. As AI integrates into legal work, professionals must rethink digital confidentiality and privilege risks.

AI, AI Ethics, Blog Articles, ChatGPT, In the News, Lawyers Duties, Recent News
Rob Robinson

The Best Defense Was Not a Weak Offense

August 14, 2025

In back-to-back July 2025 rulings, the S.D.N.Y. sanctioned Charles Oakley for failing to preserve thousands of text messages after his 2017 MSG ejection, crediting MSG’s expert over Oakley’s and granting an adverse inference. Oakley’s counter-motion...

Blog Articles, Case Law, In the News, Lawyers Duties, Metadata, Recent News, Rules
Michael D. Berman
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With deep sadness, we share the loss of Kaylee Walstad, Chief Strategy Officer of EDRM and an extraordinary advocate, mentor, and friend to so many in the eDiscovery and legal technology community. Kaylee’s generosity, encouragement, and compassion touched countless lives, and her legacy lives on in the people and organizations she lifted.

To honor Kaylee’s remarkable life and lasting contributions, we invite you to share your own memories, reflections, and images. Your tributes will help celebrate the joy she brought to others and the light she shared so freely with everyone she encountered.

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