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...

Weekly Letter to Our EDRM Global Community – 04 August 2026

Condominium Construction Defect Litigation Leads to Search and Custodian Rulings

Michael D. Berman examines a Vermont federal court’s order requiring a condominium association to disclose its keyword search methodology in detail, while rejecting a developer’s bid to force ESI collection from every current and former...

Open weights, open questions: the letter that redrew the AI policy fight

Seventy-seven companies and organizations, including Nvidia, Microsoft, and Meta, urged Washington to avoid premature restrictions on open-weight AI models amid allegations involving Moonshot AI, an OpenAI model-testing breach affecting Hugging Face, and EU AI Act...

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...

Weekly Letter to Our EDRM Global Community – 28 July 2026

“Ten depositions are too few for this case…. But twenty-seven depositions is too many….”

Why Private Copies Are the Next Privacy Risk Frontier

Sheila Grela examines how unofficial, duplicative private copies saved on laptops, in email threads, and across collaboration platforms create privacy, discovery, and breach exposure that formal governance systems fail to track, drawing on the updated...

Two Debatable Holdings

Michael D. Berman examines a S.D.N.Y. discovery order requiring production of every document that hits an agreed search term, without a responsiveness review, and questions whether the ruling reaches beyond the scope allowed under Rule...

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...

An ESI Protocol Does Not [Necessarily?] Supersede the Discovery Rules

A federal court held that an ESI Protocol implements the Federal Rules rather than replacing them, rejecting a defendant’s argument that it could skip a plainly relevant custodian simply because he wasn’t named in the...

Confidence cools, commitment holds: full results from the 1H 2026 eDiscovery Business Confidence Survey