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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.
Discovery Just Got a New Team Member
Imagine starting a new matter and finding that, before you have written a single search term, a member of your team has already read the first thousand documents. It has flagged the three people who...
Improper Reliance on A.I. + Failure to Use Litigation Support Experts + Lack of Transparency = Failure to Comply With “Meet & Confer” Order
After a hearing, the Lighthouse court “issued an interim Order compelling the parties to meet and confer, and to retain an independent third-party electronically stored information (‘ESI’) specialist to assist the parties to effectuate the...
Schrödinger’s Cat Goes to Court, Part Two: The Cat, the Gavel, and the New Age of Quantum Law
At the end of Part One, Schrödinger’s Cat had left the box, crossed from the laboratory into the courtroom, and, with a little artistic license, acquired counsel. The image was whimsical. The transition was not....
GenAI vs. CAL: The Experts Are Arguing the Wrong Question
In June, researchers at Redgrave LLP threw down the gauntlet in a debate that has been building across discovery for years. Their study compared Relativity’s generative AI review tool with a conventional review team using...
Schrödinger’s Cat Goes to Court, Part One: The Cat, the Dice, and the Quantum Machine
Quantum Law is already beginning to arrive. One part of it is practical and immediate: encrypted client files, trade secrets, privileged communications, and other information that may need to remain secret for decades while governments...
When a Redacted Document Was Used to Prepare a Witness, Only the Redacted Document Needs to Be Produced in Discovery
Plaintiff Mr. Corkery filed an emergency motion to amend or remove redactions to a document that he planned to use in an upcoming deposition. He also sought a privilege log for the redactions, “if any...