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Unicorn Rejects A.I. Protective/Confidentiality Order – Order Entered in Criminal Case
In Litton v. Roblox Corporation, the Northern District of California declined to modify its model protective order to address AI use, relying on existing standing-order provisions. Michael D. Berman contrasts that decision with a growing...
Five great reads on cyber, data, and legal discovery for May 2026
This edition of Five Great Reads examines deepfake-driven evidentiary challenges, accelerating synthetic-content regulations, AI-powered antitrust enforcement, legal AI platform disruption, and major EU AI Act developments shaping compliance, privacy, cybersecurity, and eDiscovery.
Ireland’s AI regulator role gets a hard look at Dublin Tech Summit
AI, privacy and policy leaders at Dublin Tech Summit examined Ireland’s emerging role as a global AI regulator, the EU AI Act delays, GDPR’s dominance in AI governance, and the growing compliance pressures facing cybersecurity,...
EEOC’s Tenacious Pursuit of Discovery Bore Fruit
In EEOC v. GEM Management, LLC, the EEOC’s persistent pursuit of discovery led to a substantially granted motion to compel. The court criticized GEM’s ESI search methodology, custodial self-collection, form of production, Bates numbering, and...
Request for Expedited Discovery Granted; Motion to Stay Discovery Denied
A federal court in Ohio granted a plaintiff’s request for expedited discovery tied to a preliminary injunction motion while denying the defendants’ attempt to stay discovery pending resolution of a Rule 12(b)(6) motion to dismiss.
Request for Preservation Order Denied Under the “Cry Wolf” Doctrine
Courts do not lightly issue preservation orders. A request for a preservation order was denied in In Re Zeta Global Data Privacy Litigation, 2026 WL 1283618 (S.D.N.Y. May 11, 2026).
DOJ Antitrust Division’s reported AI use raises the eDiscovery bar for HSR responders
The DOJ Antitrust Division’s reported use of AI in antitrust investigations signals a significant shift for eDiscovery, compliance, and legal teams responding to HSR Second Requests, algorithmic pricing scrutiny, and AI-assisted regulatory enforcement.
What is a “Shotgun” Pleading?
In Kelly v. City of Cochran, GA, the court applied established Eleventh Circuit precedent to explain the four defining characteristics of an impermissible “shotgun” pleading under the Federal Rules of Civil Procedure.
Motion to Compel Forensic Image of Cell Phone: Granted in Part; Denied in Part
Michael Berman analyzes Madrigal v. Live Nation, where a court granted in part Ticketmaster’s motion to compel a forensic image of the class representative’s cell phone. The decision offers practitioners a clear roadmap on Rule...
Court Refuses to Enter Fed.R.Evid. 502(d) & “Clawback” Order Without Agreement; Also Refuses to Order Production of Responsive Documents That Do Not “Hit” on Search Terms
In Medal v. Amazon, a federal court refused to enter a Rule 502(d) clawback order without party agreement and declined to require production of responsive documents not captured by search terms. Michael Berman respectfully disagrees...
Incomplete ESI Protocol Negotiations Do Not Justify Delay in Production
In a recent case, the defendants opposed certain discovery. The court wrote: “Defendants also note that ‘the parties are still negotiating their joint agreement for ESI protocols’ and assert that he parties should not simultaneously be in...
From Training to Execution: Embedded Safeguards for Responsible AI Use in Legal Practice
AI is already transforming legal practice, but training alone isn’t enough. This article explores how embedded safeguards—built directly into workflows—help lawyers and judges apply their knowledge reliably under pressure, reducing risk and reinforcing professional responsibility...