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...

From Customs Issue to Federal Case: What Trade Fraud Investigations Now Demand

Double invoicing is an old trick, but the stakes around it have changed. The scheme commonly works like this: a supplier ships a container of electronic components to a U.S. importer, and two invoices travel...

Insurer’s Denial of Coverage for Litigation Costs During Doc Review Justifies Late Assertion of Privilege

Defendants failed to timely assert privilege.  Plaintiff claimed waiver. However, because Defendants’ insurance company denied coverage of litigation costs at the time when review of 700,000 documents was to commence, a court held that privilege...

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....

Genesis Momentum Powers Cellebrite’s Autumn Release: More Evidence, Deeper Insight, Broader Access for Investigations

Cellebrite, a global leader in AI-powered Digital Investigative and Intelligence solutions for the public and private sectors, today announced its Autumn 2026 Release, highlighting the Company’s latest product innovations. The release expands what teams can...

“Contention Interrogatories” Asking for “All” Facts Were Too Broad

Contention interrogatories ask an opponent to state the facts on which it relies to support a specific contention. Fed.R.Civ.P. 33(a)(2) as amended in 1970 states: An interrogatory is not objectionable merely because it asks for an...

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...

The Standard for a Preservation Order

“Plaintiff True Footage Inc. asks the Court to enter an order directing Defendants Automax AI Inc., Automax AI (US) Inc., and Humza Ahmed to preserve evidence. The Court denies Plaintiff’s request.”  True Footage Inc. v....

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...

Weekly Letter to Our EDRM Global Community – 20 October 2026

Is There a “Litmus Test” for a Categorical Privilege Log

A categorial privilege log was not appropriate for a small number of documents according to Glaxo Grp. Ltd. v. Transpire Bio Inc., 2026 WL 30333478 (S.D. Fla. Oct. 9, 2026). The court wrote that: “The...