Rules
← Back to Blog
Search
Authors
The $1.5 Billion Reckoning: AI Copyright and the 2026 Regulatory Minefield
From a $1.5B lawsuit to global transparency laws, AI copyright liability has arrived. Enterprises must now prove training data provenance or face serious risk.
Lively v. Wayfarer Parties/Baldoni – Requests to Seal, Unseal, and a “Bottom-Line Order”
In its latest ruling, the Lively court rejected overbroad sealing requests, emphasizing public access and judicial accountability in discovery and summary judgment records.
Inadequate Privilege Log Fails to Meet Burden of Proof; Waiver Doctrine Does Not Apply
A federal magistrate judge held that an inadequate privilege log defeats a claim of attorney client privilege by failing the burden of proof rather than triggering waiver, offering important guidance for discovery practice.
Media Reports “Dr. Phil accused of deleting incriminating texts amid bankruptcy filing….”; Accusation is Disputed
Dr. Phil faces allegations of deleting incriminating texts during a bankruptcy proceeding, according to media reports. The accusation is contested, with an appeal expected.
2025’s Data Upheaval: What AI, Third-Party Risk, and Data Sprawl Mean for Your 2026 Strategy
2025 marked a seismic shift in data governance as AI adoption soared, third-party risks expanded, and courts demanded automation. Learn how legal and compliance teams must adapt in 2026.
“Against an AI Privilege” – Are Prompts Discoverable? Is Output?
Prof. Ira P. Robbins makes the case against granting legal privilege to AI prompts and outputs, urging courts to prioritize transparency over secrecy.
Request for “The Jim Folder” Deemed Unambiguous; But Some Folder Names Were Privileged
A court found Allen’s refusal to produce “The Jim Folder” absurd, while upholding privilege for certain user-created metadata. The case highlights how clarity in discovery requests and context in metadata disputes can drive litigation outcomes.
Your Policy, Your Problem: Company Policies Often Define the Limits of Employee Privacy
As personal and professional use of devices intertwine, recent rulings show courts leaning heavily on employer policies to define employee privacy rights. The Yu Yu Lim case underscores how vague or permissive policies can create...
Second Requests Settle In: HSR Data Points to a New Normal in M&A Scrutiny
Second Requests are no longer rare. With HSR filings stabilizing and billion-dollar deals rising, FY 2024 data confirms deep antitrust scrutiny is the new normal for M&A—demanding scalable, secure eDiscovery and information governance responses.
What Connects “Popcorned Planet” and Ms. Blake Lively?
Blake Lively wins a discovery battle as the court denies Popcorned Planet’s privilege claims, ruling its YouTube content must be produced in her defamation suit.
Decision on 557 Requests for Admission in Blake Lively v. Wayfarer Parties/Justin Baldoni
In a discovery dispute over 557 requests for admission, the court found the Wayfarer Parties’ objections meritless but granted a short extension to aid in resolving the case fairly.
An “ESI Protocol” is Not a Rule 26(f) “Discovery Plan”
The Federal Rules mandate a discovery plan under Rule 26(f), but not an ESI Protocol. Understanding this difference is critical for defensible and compliant discovery practices.