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Pre-Suit Motion to Preserve Evidence Granted, With a Calculated Risk
General Motors filed a Fed.R.Civ.P. 27 motion to preserve evidence that “could” be involved in an as-yet unfiled lawsuit. The motion centered on parts of a vehicle that had been involved in a fatal collision....
Supermarket freezer attacks reach at least six European countries, and the record linking them to US base failures stays thin
A freezer at a Selver supermarket in Estonia was remotely set to 50 degrees Celsius early Monday, Nov. 2, and its stock survived because the store’s refrigeration partner responded within 10 minutes. Stores in at...
Both Parties Misunderstood the ESI Protocol Regarding Production From Personal Email Accounts
Often, people write what they mean and mean what they write. However, in Flybar, Inc. v. Express Trade Capital, Inc., 2026 WL 3231635 (S.D.N.Y. Oct. 28, 2026), “the Court disagrees with both parties’ reading of...
AI Was Supposed to End Document Review. Reviewers Have Never Been Busier.
For the past few years, the prediction in eDiscovery has been simple: generative AI is coming for first-level review, and the contract reviewer is living on borrowed time. That isn’t what we’re seeing. Not at...
Honest Error – No Sanctions, But a Penalty
Faced with an honest error in submitting a motion with inaccurate citations, the court did not impose sanctions but held that it would not consider the replacement authorities.
A Little Grace
When I was a baby lawyer, I had the good fortune to work alongside some of the finest trial lawyers of the day. Their lessons resurface decades later when I least expect them.
An ESI Protocol is Not a Shield Against Discovery Obligations – Is There a Duty to “Fess Up?” – Part III
Plaintiff’s argument that an ESI Protocol limited its discovery obligations was squarely rejected in CR Legal Team, LLP v. Carruthers & Roth, P.A., 2026 WL 3135943 (M.D. N.C. Oct. 20, 2026). It was insufficient for...
HaystackID Expands CaseBot Into Agentic AI Case Intelligence With Eight Specialized Skill Agents
HaystackID®, a trusted partner focused on managing complex data and workflow challenges in legal, compliance, regulatory and cybersecurity environments, today announced that CaseBot™ is now available as agentic AI case intelligence, with eight Specialized Skill...
Court Denies Motion to Prohibit Use of GenAI by Opponents
A court recently addressed Defendants’ Joint Motion for an Order Prohibiting the Use of Generative AI. The Defendants relied on Fed. R. Civ. P. 11 and the court’s common-law inherent authority to support their motion...
Privilege Logging an Email String or Thread—Is There a Better Mousetrap?
There are varying schools of thought on how to enter an email string or thread in a privilege log. The “top email only” approach is less expensive, but may run afoul of the “trust, but...
Ransomware logs and Copilot memory put AI agent records on the eDiscovery agenda
A ransomware crew’s exposed server held 8,257 messages from 133 AI sessions and the AI-managed knowledge bases behind its campaign, records that threat-intelligence firm SOCRadar says form “a complete evidence trail of the campaign.”
Pro Se Prompts Privileged – N.Y. Court followed Morgan and Warner; Distinguished Heppner
A New York court held that an unrepresented litigant’s use of AI was protected work product. It addressed subpoenas directed to OpenAI seeking a pro se litigant’s use of AI.