[Webcast Transcript] From Breach to Legal Crisis: The Hours that Define Your Exposure

What happens in the first hours after a breach can shape an organization’s legal, regulatory, and notification response. HaystackID experts discuss preparation, evidence preservation, data governance, outside counsel, notification workflows, and the use of generative...

The eight-hour clock starts today: EU e-evidence orders now land on covered U.S. providers’ EU addressees

The EU e-Evidence Regulation is now applicable, enabling judicial authorities across participating EU member states, where national arrangements are in place, to serve binding electronic-evidence orders directly on covered providers’ EU addressees. For U.S. providers,...

What Substantive Law Governs Sufficiency of a Privilege Log in a Federal Court Sitting in Diversity?

“Court Sanction for Plaintiff’s Use of Prompt-Injection”

A Connecticut court sanctioned a self-represented litigant for repeatedly concealing AI prompt-injection instructions in court filings. In Elliott v. New York Bariatric Group, LLC, the court distinguished the familiar risk of unreliable AI output from...

Another A.I. Protective Order – Part 10

U.S. v. Dygdon provides another example of an AI protective order governing discovery materials. The consent order bars certain AI uses and requires confidentiality, no model training, restricted third-party access, and deletion at the end...

My Old Friend, “Conditional Relevance,” May Not Be Dead, But It Is on Life Support

A proposed amendment to Federal Rule of Evidence 104(b) would eliminate the longstanding concept of “conditional relevance,” replacing it with a uniform approach to relevance while retaining the ability to admit evidence subject to later...

Cite Checking to Find Hallucinated Cases Deemed Insufficient – Part II – Verification and Candor Are Expected

Recent federal decisions emphasize that automated cite checking is not enough when AI touches legal filings. Courts expect attorneys to personally verify authorities, quotations, and cited cases, and to act candidly and promptly when errors...

It May Be an Abuse of Discretion to Grant Summary Judgment for a Defendant Before Deciding a Plaintiff’s Sanctions Motion

Michael D. Berman examines Smith v. Polk Co., where the court addressed two spoliation sanctions motions before granting summary judgment. Applying Shaw v. Foreman, the court recognized that a sanctions motion involving evidence significant to...

Discovery Is Quietly Reorganizing Itself Around AI

A panel of eDiscovery and legal-tech leaders from HaystackID’s most recent webcast reports that AI-assisted review has moved from experimentation to default practice far faster than technology-assisted review did a decade ago, reshaping early case...

An Attorney-Client Communication Advising Spoliation is Not Privileged

Michael D. Berman examines a ruling that advice to spoliate evidence is not privileged, though the court found no actual destruction because both pre- and post-advice versions of Meta’s disputed documents survived and were ordered...

Drafting RFPs for Robots to Read

With producing parties increasingly letting large language models make first-pass relevance calls, this piece argues that requests for production should be drafted as prompts and demonstrates this approach using the Dominion Voting Systems v. Fox...

Restrictions on Use of Artificial Intelligence Tools to Process Disclosure Materials