United States: Disclosure & Electronic Discovery & Privilege

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.

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

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.

The recent decision in United States v. Heppner should prompt every company, executive, founder, investor, and professional to revisit how they use artificial intelligence tools for legal and compliance issues.

As organizations increasingly deploy AI across their operations, even the most complex corporate and government investigations are being transformed. AI tools now enable investigative teams to analyze vast datasets, detect misconduct patterns, and build case narratives with unprecedented speed and accuracy—but only when paired with disciplined governance, human oversight, and defensible methodologies that withstand regulatory scrutiny.

Recent federal court rulings are reshaping how artificial intelligence tools interact with longstanding legal doctrines of work product protection, expert methodology, and discovery obligations. From AI prompts used by testifying experts to chatbot exchanges becoming pivotal evidence in corporate disputes, courts are establishing new boundaries that will affect litigation strategy across all practice areas.

As artificial intelligence tools become ubiquitous in litigation, federal courts are increasingly confronting novel questions about how longstanding doctrines of work-product protection and confidentiality apply...

Last fall, I blogged about the challenges of overturning an arbitrator’s award (check out that post here). That case illustrated the difficulties of vacating an award based on a purported erroneous ruling of law.

After terminating the employment of Julie Simpson (Guardian’s COO), Guardian’s CEO/owner sued Simpson for a variety of claims, including breach of contract, interference with prospective...