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It is Improper to Combine Interrogatories and Document Requests
Michael Berman surveys a consistent line of authority holding that the two discovery tools should be served separately, with some courts concluding that defendants need not respond to requests that combine both forms of discovery.
Does Microsoft Teams Require Different Search Terms Than Email?
In Kim v. Cushman & Wakefield, a Central District of California court found that keyword searches adequate for email may be insufficient for Microsoft Teams, where messages are shorter, more informal, and less likely to...
Is it OK if “Actual Authorities” Support the “Bogus” Proposition Set Out in a Hallucinated Case?
In Withers v. City of Aberdeen, a federal court rejected the argument that attorneys should avoid sanctions for citing AI-hallucinated cases simply because legitimate authorities support the same legal propositions. The decision emphasizes that fake...
A.I. Protective Order—Again
Two recent Southern District of New York cases highlight a growing trend in discovery practice: protective orders that regulate how parties may use confidential discovery materials with AI tools. While not universal, these provisions increasingly...
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.