United States: Disclosure & Electronic Discovery & Privilege

The Texas Business Court recently clarified who qualifies as an attorney when dealing with confidential and attorney's eyes only designations in discovery. In a case involving alleged trade secret misappropriation between rival transformer manufacturers, the court examined whether attorneys from India representing the plaintiff in other matters could access protected documents in the Texas state court case...

A federal court ruling examines what happens when a party inadvertently produces over 5,400 privileged documents to government investigators and attempts to claw them back. The decision hinges on whether reasonable steps were taken to prevent disclosure in the first place, with the court finding that flawed document review processes and inadequate quality control led to privilege waiver despite the inadvertent nature of the production.

For foreign litigants and their counsel, a law in the United States known col- loquially as “Section 1782” (28 U.S.C. §1782) offers both an opportunity and a challenge. Section 1782 allows parties to existing or contemplated foreign pro- ceedings—or other persons with an interest in those proceedings—to obtain evidence located in the United States.

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 Texas Business Court has weighed in on a critical question facing modern litigation: can conversations with AI tools like ChatGPT be shielded from discovery? In a June 2026 ruling,...

Corporate chat platforms like Slack have become critical repositories of discoverable information in litigation, yet collecting this collaborative data presents unique technical challenges that differ significantly from traditional email preservation.

Receiving a federal grand jury subpoena can be alarming for businesses and individuals alike. Understanding what a subpoena means, how federal investigations work, and the critical importance of obtaining experienced legal counsel before taking any action can significantly impact the outcome of your case.