United States: Disclosure & Electronic Discovery & Privilege

Artificial intelligence has transformed the speed of document retrieval in legal investigations, but does rapid access to records constitute a truly defensible evidence foundation? This article examines the critical gap between AI-powered search capabilities and the structured, traceable investigative processes required in construction disputes and other complex litigation matters.

The Federal Trade Commission has introduced stringent new requirements for parties using technology-assisted review or artificial intelligence in document production during investigations, mandating extensive upfront disclosures, prescriptive performance metrics, and validation processes. These requirements represent a significant departure from previous FTC practice and may discourage parties from using AI or TAR due to increased complexity and agency oversight. Parties now face critical decisions about wh

The Second Circuit recently ruled on the government's authority to conduct warrantless cell phone searches at border crossings, establishing that manual searches require no suspicion while leaving open critical questions about more invasive forensic examinations. This decision has significant implications for travelers carrying confidential business, legal, or personal information across U.S. borders.

When legal issues arise, many New Jersey businesses default to a "no comment" stance, believing silence protects them from liability. However, this approach can allow allegations to go unanswered, critical deadlines to pass, and manageable disputes to escalate into costly litigation. Understanding when silence serves your interests versus when it creates unnecessary risk is essential for protecting your business.

When an internal investigation surfaces just before a filing deadline, how a company engages its external auditor in those critical first days can determine whether it meets regulatory requirements.

A federal judge has ruled that documents created by a client using a commercial AI tool and shared with counsel are not protected by attorney-client privilege or work product doctrine. The landmark decision raises critical questions about confidentiality expectations when clients use consumer-grade AI platforms to prepare legal materials, potentially exposing sensitive litigation strategies to discovery.

Complex litigation increasingly involves multilingual evidence spanning multiple jurisdictions, requiring legal teams to manage contracts, emails, financial records, and witness statements across different languages.

Companies that interact with federal agencies face growing risks that sensitive business information could be disclosed through Freedom of Information Act requests. Understanding FOIA Exemption 4 protections and implementing proactive confidentiality practices can help organizations safeguard trade secrets, commercial data, and proprietary information from public release.

Recent U.S. court decisions are reshaping the legal landscape for Japanese companies operating in America, from massive antitrust verdicts to contested tariff refunds and discovery conflicts. Five critical developments from May through July 2026 demand attention from Japanese businesses engaged in U.S. trade and litigation. Understanding these rulings is essential for managing legal risk and protecting commercial interests in the American market.