United States: Disclosure & Electronic Discovery & Privilege

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Putting The "AI" In Waiver Of Privilege

AI technology has seen explosive growth in the last few years. It has grown from a set of awkward but sometimes entertaining tools into a multi-billion-dollar industry that people...

United States Technology

WG

Watson Goepel LLP

AI And Privilege: Lessons From A Recent Federal Court Decision

Generative AI tools are great for brainstorming, organizing thoughts, and sharpening ideas. But what happens when you disclose legal advice or strategy to an AI platform?

United States Technology

DL

Davis+Gilbert LLP

Questions To AI Models May Be Discoverable

On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant's written exchanges with a public generative...

United States Technology

KG

K&L Gates LLP

Litigation Minute: Generative AI Data, Attorney-Client Privilege, And The Work-Product Doctrine

As generative AI (GenAI) tools become embedded in legal and business workflows, courts are grappling with questions regarding how attorney-client privilege and the work-product doctrine apply to GenAI data...

United States Litigation

KG

K&L Gates LLP

The Attorney-Client Privilege Post-2025 Federal Rules Amendments

United States Litigation

BD

Beveridge & Diamond

SDNY: Client's GenAI-Generated Legal Research Not Protected By Privilege

United States Litigation

M

Mintz

The Rise of AI Agents: The Next Big Thing in eDiscovery

United States Litigation

AM

Alvarez & Marsal

One Minute Matters [Video]: Does Your AI Notetaker Waive Your Attorney-Client Privilege? (With Jeff Gifford)

United States Technology

D

Dykema

Guardrails Before Greenlights: How Gen AI Will Actually Shape E-Discovery In 2026

United States Technology

WS

Winston & Strawn LLP

Sixth Circuit Restores Privilege Protections In In Re FirstEnergy Corp. Mandamus Decision

United States Litigation

WL

Withers LLP

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

United States Litigation

KG

K&L Gates LLP

New Privilege Log Rules Are Here – Is Your Team Ready?

United States Litigation

AP

Arnold & Porter

Courts Are Starting To Define What "AI Discovery" Means

United States Litigation

AP

Arnold & Porter

United States Court Of Appeals For The Sixth Circuit Grants Writ Of Mandamus To Preserve Privilege For Internal Investigations

United States Litigation

ML

Milbank LLP

What Every Multinational Should Know About…Managing The Aftermath Of The Supreme Court's IEEPA Tariff Decision (Part I)

United States International

FL

Foley & Lardner

Federal Circuit: Priority Document That 'Broadly Outlines' Possible Structures Fails To Provide Adequate Written Description Support For Subgenus Of Linkers In Antibody-Drug Conjugate

United States IP

AG

Akin Gump Strauss Hauer & Feld LLP

What Foundations And Other Nonprofits Need To Know About The Foreign Agents Registration Act

United States Government

W

WilmerHale

Seventh Circuit Roundup: What Recent Decisions Reveal About Pleading, Intent, And Immunity (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

Congress Proposes Major Overhaul Of WARN: What Employers Need To Know About The Fair Warning Act

United States Employment

PR

Proskauer Rose LLP

U.S. Sixth Circuit Reaffirms Core Protections For Outside-counsel Investigations In FirstEnergy Win

Senior in-house lawyers often confront a recurring question: how to effectively utilize the findings of an internal investigation led by outside counsel...

United States Litigation

AO

A&O Shearman

Webinar – Inadvertent Disclosure Of Privileged Material (Video)

In this webinar, Attorney Zachary M. Smith discusses "Inadvertent Disclosure of Privileged Material"

United States Litigation

BB

Beresford Booth

Avoiding Risk: AI's Double-Edged Role In E-Discovery

David A. Shargel of Bracewell LLP discusses the potential risks of using AI tools in the discovery process and what lawyers need to understand about the technology...

United States Technology

B

Bracewell

Sixth Circuit Affirms Attorney-Client Privilege And Work-Product Protection Over Internal Investigation Materials

Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a "business purpose."

United States Litigation

FL

Foley & Lardner

Beyond The Verdict: The Essential Drive Of Post-Judgment Discovery

United States Litigation

OK

Offit Kurman

DoJ Declines Prosecution Of Company That Self-Disclosed Export Control Offenses

United States International

DT

Diaz Trade Law

Mass Appeals Court: Attorney-Client Privilege Applies To Town Emails, Despite Open Meeting Law Violation

United States Litigation

MO

Mirick O'Connell

AI In Action: Enhancing Legal Discovery And Investigation Reviews

United States Litigation

AC

Ankura Consulting Group LLC

Ensuring A Secure "Hold": Balancing Practicality And Privilege In Litigation Hold Notices

United States Litigation

AP

Arnold & Porter

What's Old Is New Again: Why Document Review Protocols And Custodian Interviews Still Matter In AI-Driven Ediscovery

United States Technology

AP

Arnold & Porter

How Did We Get Here? (Podcast)

United States Litigation

HK

Holland & Knight

Second Circuit: Rule 37 Sanctions Require 'Intent To Deprive' For Lost ESI, Not Mere Negligence

United States Litigation

GT

Greenberg Traurig, LLP

When Your Fingers Do The Talking: D.C. Circuit Rules That Compelled Opening Of Cellphone With Fingerprint Violates The Fifth Amendment

United States Litigation

AP

Arnold & Porter

Preserving Camera Footage In Anticipation Of Litigation

United States Litigation

GT

Greenberg Traurig, LLP

How Did We Get Here? (Podcast)

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his journey of transforming compelling real-life trial experiences...

United States Litigation

HK

Holland & Knight

Second Circuit: Rule 37 Sanctions Require 'Intent To Deprive' For Lost ESI, Not Mere Negligence

Plaintiff–Appellant Richard Hoffer sued the city of Yonkers, the Yonkers Police Department, and various individual police officers under 42 U.S.C. § 1983, alleging the officers used excessive force when arresting him.

United States Litigation

GT

Greenberg Traurig, LLP

When Your Fingers Do The Talking: D.C. Circuit Rules That Compelled Opening Of Cellphone With Fingerprint Violates The Fifth Amendment

Given the importance of cellphones to modern life, gaining access to a suspect's phone is generally a top priority for law enforcement. But once "seized," a phone's security measures may present an obstacle for government.

United States Litigation

AP

Arnold & Porter

Preserving Camera Footage In Anticipation Of Litigation

In Chepilko v. Henry, the Southern District of New York denied plaintiff's motion for spoliation sanctions, finding that a public records request and a civilian complaint did not trigger defendants' duty to preserve electronic evidence.

United States Litigation

GT

Greenberg Traurig, LLP

Privilege Under Pressure: The Shifting Data Breach Investigation Landscape

United States Privacy

GT

Greenberg Traurig, LLP

Responding To Subpoenas

Being served with a third-party subpoena is an unwelcome event. In a best-case scenario, it presents a hassle. Failing to comply with one's legal obligations regarding the subpoena can result in a finding of contempt and court-imposed sanctions...

United States Litigation

MM

McLane Middleton, Professional Association

Do Your Protective Orders Protect Your Clients From The Risks Of Generative AI?

As with so many other facets of our everyday lives, from our purchasing habits to our healthcare, to even the entertainment we consume, generative artificial intelligence (GenAI) is being integrated into the practice of law at an increasingly rapid rate.

United States Technology

RS

Reed Smith

Does Disclosing An Attorney-Client Communication Into Another Privileged Relationship Waive That Privilege?

Although lawyers understandably focus mostly on the privilege that they enjoy when communicating with their clients, other professionals...

United States Litigation

ML

McGuireWoods LLP

Text Message Spoliation: Auto-Delete Setting May Lead To Legal Sanctions

Pending in the Southern District of Ohio, Safelite Group, Inc., v Nathaniel Lockridge et. al. reminds counsel of the importance of being active in the preservation process and reminds litigants...

United States Litigation

GT

Greenberg Traurig, LLP

Significant Sanctions Ruling By The Ninth Circuit Rejects Inherent Authority And Reinforces Specific Intent Standard For Case-Ending Sanctions

United States Litigation

WS

Winston & Strawn LLP

What Would You Tell Our New Lawyers?

United States Litigation

SM

Sheppard, Mullin, Richter & Hampton LLP

Litigation Funding Series: Litigation Q&A And Special Considerations For Distressed Fundees

United States Litigation

ML

Much Law

No Tricks—Only Treats!—When Parties Collaborate To Meet The Challenge Of "Reasonableness" In Discovery

United States Litigation

RS

Reed Smith

Freedom (But With Consequences): In Delaware, Absolute Litigation Privilege Inapplicable To Nullify Contractual Non-Disparagement Repurchase Trigger

United States Litigation

FF

Farrell Fritz, P.C.

Enhancing Cross-Border E-Discovery And Data Breach Investigations With AI

United States Technology

AC

Ankura Consulting Group LLC

The Complexity Of E-Discovery At Breakneck Speeds: Navigating The Brave New World Of Modern Data Growth

United States Privacy

AC

Ankura Consulting Group LLC

Think Outside The Jurisdiction: International Discovery Is Obtainable With The Assistance Of The Commercial Division

United States Litigation

FF

Farrell Fritz, P.C.

2024 Cyber Litigation Legal Update – What Your Business Needs To Know

United States Litigation

MB

Mayer Brown

Discoverability Of An Employee's Text Messages

United States Litigation

FB

Fredrikson & Byron, P.A.

Without Prejudice Privilege

United States Litigation

BC

Bryan Cave Leighton Paisner

How Much (Information) Is Too Much? Caselaw Shines A Light On Avoiding Privilege Waiver

United States Litigation

CM

Crowell & Moring LLP

Rules For Use Of AI-generated Evidence In Flux

United States Litigation

SS

Seyfarth Shaw LLP

Court Orders Reproduction Of Technical Files In Native Form

United States Litigation

RS

Reed Smith

Risk Assessment And Management: Streamlining Document Review In Due Diligence With E-Discovery Tools

United States Privacy

AC

Ankura Consulting Group LLC

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Latest Videos

See more

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

KG

K&L Gates LLP

Webinar – Inadvertent Disclosure Of Privileged Material (Video)

BB

Beresford Booth

The Privilege Of Being An Attorney (Video)

SC

Schwartz, Conroy & Hack

"Mailbox Rule" Deleted For Electronic Service In Federal Courts (Video)

BF

Berman Fink Van Horn P.C.

Subpoenas - Video

D

Dentons

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