EDRM BLOG
Attorney’s Selection and Ordering of Non-Privileged Documents From a Large Document Set is Work Product—Printing the Universe is Not
In Aliev v. Trans Union, LLC, the court reaffirmed that an attorney’s selection and arrangement of documents may be work product but rejected privilege claims where counsel effectively “printed the universe” rather than selectively compiling...
Electronic Evidence Workbook 2026
The 2026 edition of Craig Ball’s Electronic Evidence Workbook spans 638 revised pages and embraces LLMs, AI-assisted editing, cloud realities, and hands-on forensic training, including a new macOS imaging exercise, preparing law students for modern...
Something Big Is Happening — But Not What You Think
Attorney Ralph Losey, who pioneered machine learning, AI and quantum i law, rebuts Matt Schumer’s viral essay on the immediate impact of existing AI, revisiting past claims, including the bar passage rate.
“The Court is keenly interested in whether Defendants’ counsel issued a litigation hold.”
In Jones Eagle LLC v. Ward, the court ordered “discovery on discovery” and demanded confirmation of a litigation hold after missing text messages and auto-delete settings raised Rule 37(e) concerns. The decision underscores that preservation...
General Counsel Report Finds Legal Leaders Facing Increased Complexity, Unpredictability, Regulatory Activity and Costs
The seventh annual General Counsel Report from FTI Consulting and Relativity reveals accelerating risk, regulatory pressure, rising dispute costs and expanding AI use across global legal departments. Legal leaders report greater complexity and unpredictability as...
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...
HaystackID Launches AI Governance Services to Help Organizations Operationalize Responsible, Defensible AI Oversight
HaystackID has launched AI Governance Services to help organizations move from AI principles to execution-ready oversight as EU AI Act and U.S. state AI laws take effect. The new offering embeds defensibility, audit readiness, and...
Crypto-Procrastination: The Dangerous Delay in Preparing for Post-Quantum Data Security
As quantum computing advances and cyberattacks surge, organizations face a new reality: encrypted data collected today may be decrypted tomorrow. From “harvest now, decrypt later” threats to NIST’s post-quantum cryptography standards, this analysis explains why...
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...
Weekly Letter to Our EDRM Global Community – 17 February 2026
This week’s EDRM community update features recent blog posts, upcoming webinars, notable podcasts, and key announcements. Stay engaged with the EDRM community for the latest insights and support.
A.I. Documents Deemed Not Privileged
A federal judge held that AI-generated documents created by a defendant and later shared with counsel are not protected by attorney-client privilege or work product doctrine. The ruling highlights growing risks around AI confidentiality, discoverability...
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...