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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...
No Right to a “Hit Report” for Facially Overbroad Search Terms?
A federal court rejected a blanket right to hit reports, holding they may be denied when search terms are facially overbroad and disproportionate.
Request for Broad “Apex” Executive Discovery Replaced by Phased Discovery Order
A federal court rejects broad apex executive discovery requests, instead ordering phased ESI production that balances proportionality, cost, and relevance under Rule 26.
A.I. Protective Orders Are Becoming Routine
Courts are increasingly entering AI protective orders that restrict how parties use generative AI with discovery materials, highlighting growing concerns over confidentiality, privilege, clawbacks, and litigation risk.
Inadvertent Production of Work Product Did Not Waive Protection; However, Recipient Showed Substantial Need and Overcame That Protection
In Aerosonic LLC v. Joby Aero, Inc., the court held that inadvertent disclosure of work product did not waive protection under Rule 502 and the ESI Protocol. However, the receiving party demonstrated substantial need and...
Court Suggests That Opposing Counsel Also Failed to Check Citations
A Seventh Circuit decision raises a critical question for modern litigation: do lawyers have a duty to identify hallucinated or false citations in opposing counsel’s filings? While stopping short of imposing sanctions, the court signaled...
Categorical Privilege Logs Are Not Disfavored
In Thompson v. Seattle Public Schools, the court reaffirmed that categorical privilege logs are not disfavored and may be used without prior court approval under Rule 26. The decision highlights proportionality, burden, and practical limits...
The AI Sanction Wave: $145K in Q1 Penalties Signals Courts Have Lost Patience with GenAI Filing Failures
Courts are escalating enforcement against AI-generated hallucinations in legal filings, with $145,000 in Q1 2026 sanctions. Key rulings, a growing judicial AI paradox, and emerging liability risks for developers signal a major shift for legal...
Hallucination or Old-Fashioned Error? It Doesn’t Matter
In Quandel v. Hunt, the court made clear that lawyers cannot excuse nonexistent case citations and quotations by blaming AI, or anything else. The real issue, the court said, is the duty to verify authorities...