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The Day the AI Cheated
Ralph Losey examines reports that OpenAI agents used the obscure DseWiki platform to share answers, develop workarounds, respond to human intervention, and preserve information across runs. He explores what the episode may mean for AI...
Asking When Untimely Discovery Responses Will Be Provided Doesn’t Consent to an Extension
In Dochee v. The Methodist Hospitals, Inc., the court addressed discovery responses served six weeks to two months late. Although it viewed Defendants’ failure to seek an extension or timely respond with disfavor, the court...
Use of an A.I. Recorder in Depositions? In a “Meet and Confer”?
In Greco v. Hon. Robert W. Lane, a Nevada federal court found no procedural defect in a request to use an AI voice recorder as a secondary deposition record, while leaving substantive concerns for another...
The Case of the Missing Lab Notebooks
In Terran Biosciences, Inc. v. Compass Pathfinder Limited, defendants sought sanctions over missing physical lab notebooks in a trade secrets dispute. The court found sanctions unwarranted because defendants failed to establish that the notebooks were...
The First Amendment Privilege Against Discovery by the Government
Michael D. Berman examines a ruling addressing the First Amendment privilege against government discovery, including internal advocacy materials and the evidentiary showing required to establish a chilling effect on associational rights.
A Request for “Three-Strata Validation” Was Denied
A federal court addressed a proposed “three-strata validation” process for ESI discovery in In re Class Action Settlement Administration Litigation. The parties agreed to statistically valid sampling of documents coded nonresponsive, while the court rejected...
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?
In McSwain v. HOMAG Machinery N. America, Inc., the court distinguished state substantive privilege law from the federal procedural rules governing the sufficiency of a privilege log.
“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...
Maryland’s Digital Media Rules
Maryland’s rules establish specific procedures for handling digital media in court proceedings, motions, and appeals, including approved storage platforms, record preservation, access, and the treatment of audio, audiovisual, and video exhibits.
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...
Recent AI evaluation incidents expose gaps in containment, configuration and evidence
In late July and early August 2026, cybersecurity evaluations involving models from OpenAI, Anthropic, Meta, and Moonshot AI exposed distinct failures involving containment, configuration, authorization, and benchmark integrity. ComplexDiscovery examines why the shared exposure sits...