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Plaintiffs’ Failure to Timely Raise Lack of Defendant’s Privilege Log Defeats Waiver Claim
In Gurner v. American Family Mutual Ins. Co., the District of Nevada denied a motion to find privilege waiver based on an allegedly untimely privilege log. The court held that Rule 26 requires supplementation within...
Possession, Custody, or Control – Need for a Uniform National Standard – Part II
In L.S. v. Bolduan, the court applied the “legal right” test to deny Rule 34 control over documents held by shared defense counsel while signaling that use of those documents could trigger production. The decision...
The HSR Early-Warning System: How Filing Surges Amplify Cyber and eDiscovery Bottlenecks
January 2026 HSR filings may look flat year over year, but 2025 volatility tells a different story. Elevated late year volume signals mounting execution pressure for cyber diligence, governance, and eDiscovery teams, especially when Second...
ESI Protocol Disputes Were Resolved by Court
The court in In Re: GoodRX settled several ESI protocol disputes, rejecting automatic relevance of confidential documents and limiting redactions. It also enforced cooperation in discovery processes and ordered privilege logs for redacted materials.
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...