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October HSR reported transactions edge up to 202 as fiscal 2027 opens below last year’s pace
Reported premerger transactions ticked higher in October, but fiscal 2027 began at a slower pace than the year before it. The Federal Trade Commission’s Premerger Notification Office logged 202 reported transactions in October 2026 under...
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...
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...
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...
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.
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...
Are an Expert’s A.I. Prompts Discoverable? Maybe.
Michael D. Berman uses Villanueva v. Las Vegas Metropolitan Police Dept. to discuss disclosing AI prompt systems in court, and the protections around AI searches.
Timing of Propounding and Responding to “Contention Interrogatories”
Michael D. Berman examines when contention interrogatories become ripe for response, highlighting a Carvana ruling that favors responses near the end of fact discovery.
New York Court’s A.I. Regulation Did Not Violate Unrepresented Person’s Rights
Michael D. Berman examines Bradwell v. Hochul, where a federal court rejected a self-represented litigant’s constitutional challenge involving New York’s AI rules for court filings.
Asking When Untimely Discovery Responses Will Be Provided Doesn’t Consent to an Extension
In Dochee v. The Methodist Hospitals, Inc., the court addressed discovery responses served six weeks to two months late. Although it viewed Defendants’ failure to seek an extension or timely respond with disfavor, the court...