United States: Disclosure & Electronic Discovery & Privilege

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Article
If We Ignore It, Will It Go Away? – A Cautionary Tale Of Timeliness
Under Washington State law, failing to act in a timely manner at any stage of a lawsuit, from pre-suit initiation through active litigation to post-judgment proceedings, can carry severe procedural and substantive consequences. These consequences range from the absolute bar of a claim or defense to monetary sanctions, evidentiary exclusions, dismissal of the action, and the loss of the right to appeal or collect on a judgment.
United States Litigation
BB
Beresford Booth
Article
Jones Walker On Proper Use Of AI Note-Taking Tools - When To Use And Not Use AI Note-Taking Tools
Organizations are increasingly turning to AI tools to streamline the preparation of corporate meeting minutes, but this technological shift brings both promising efficiencies and significant legal risks. From privilege concerns to data security vulnerabilities, the gap between AI-generated transcripts and carefully curated official records raises critical questions about governance, liability, and best practices.
United States Commercial
JW
Jones Walker
Article
“No Comment” Culture: Why Silence Is Often The Riskiest Legal Strategy
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.
United States Litigation
SH
Scarinci Hollenbeck LLC
Article
Court Declines To Give Generative AI Review Special Scrutiny, Treats It As TAR
A federal magistrate judge in California has ruled that the use of generative AI in document review is subject to the same reasonableness and proportionality standards as traditional Technology Assisted Review (TAR), establishing that courts will not impose special requirements on AI-powered review tools absent specific evidence of deficiency. The decision addresses key questions about pre-culling documents with search terms before AI review and the extent to which parties must disclose validation metrics f
United States Litigation
AP
Arnold & Porter
Article
Old Rules, New Tools: N.D. Cal. Applies Traditional TAR Principles To Generative AI Discovery
A recent Northern District of California decision provides crucial guidance on using generative AI tools in legal discovery, establishing that courts will treat AI-powered document review as a form of traditional Technology Assisted Review rather than a novel discovery category. The ruling addresses key questions about pre-filtering documents with search terms and the extent to which parties must disclose AI review metrics to opposing counsel.
United States Technology
W
WilmerHale
Article
How Far Is Too Far? Commercial Division Finds Gross Negligence But Declines To Strike Answer For Digital Spoliation
When does gross negligence in evidence preservation cross the line into willful misconduct warranting the striking of a pleading? A Manhattan Commercial Division decision examines the boundaries of spoliation sanctions after a cybersecurity firm's pervasive preservation failures led to the loss of critical Slack messages, monitoring tickets, and alarm data spanning the period of a ransomware attack.
United States Litigation
FF
Farrell Fritz, P.C.
Article
Artificial Intelligence, Privilege, And Work Product: Emerging Risks In The Life Sciences Industry
Recent court decisions reveal conflicting approaches to whether communications with generative AI tools waive attorney-client privilege or work product protection, creating significant uncertainty for companies handling sensitive legal and proprietary information. Life sciences companies face heightened risks as they increasingly rely on AI tools while managing confidential clinical data, regulatory strategies, and intellectual property that may become subject to discovery in future litigation.
United States Commercial
AP
Arnold & Porter
Article
California Court Of Appeal Charts Middle Course On Meaning Of 'Great Bodily Injury,' Effectively Limiting Scope Of Disclosable Police Records
A California Court of Appeal has issued a first-of-its-kind decision interpreting what constitutes "great bodily injury" under the California Public Records Act's 2019 amendments, which mandate disclosure of police use-of-force records. The court rejected both the ACLU's broad interpretation that would have made virtually all police force records disclosable and the government's narrow interpretation limiting disclosure to life-threatening injuries, instead charting a middle course that effectively narrows
United States Litigation
LB
Lewis Brisbois Bisgaard & Smith LLP
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