Use of AI Does Not Eliminate All Expectations of Privacy, Says Court: EDiscovery Case Law
In Morgan v. V2X, Inc., a Colorado magistrate held that using generative AI does not automatically waive work‑product protections under Federal Rule 26(b)(3). The court affirmed the plaintiff’s right to assert work‑product privilege for AI‑generated materials but ordered him to disclose the specific AI tools used with confidential information. Judge Dominguez Braswell rejected the parties’ proposed language and issued a balanced protective‑order provision requiring contractual safeguards from AI providers. The order permits AI use that does not involve uploading confidential data, preserving access to the technology for pro se litigants.
Exterro and eDiscovery Today Announce Educational Partnership to Advance eDiscovery and Data Risk Management Best Practices
Exterro announced an educational partnership with eDiscovery Today, the daily blog for e‑discovery, privacy, and AI trends. The collaboration will produce joint content and initiatives that help organizations manage data across the e‑discovery lifecycle, align legal, compliance and security functions,...
The Machine Isn’t the Interlocutor: EDiscovery Trends
The Sedona Conference Journal released a 20‑page critique of the U.S. v. Heppner decision, arguing that the court mistakenly treated a large‑language model as an independent interlocutor and thereby eroded attorney‑client privilege. The authors, Bridget McCormack and Shlomo Klapper, contend that AI...
A Default Judgment Should Be Entered in the Case, Says Court: EDiscovery Case Law
A Texas magistrate judge recommended a default judgment against Alyssa Trinidad for intentional destruction of electronically stored information in a trademark infringement case. The court found that Trinidad repeatedly deleted messages despite a clear preservation order, constituting intentional spoliation under...
Coercive Sanction Ordered for Non-Party for Failing to Comply with a Subpoena: EDiscovery Case Law
In Guadalupe v. Chase Auto Fin. Corp., U.S. District Judge James M. Wicks held non‑party Sol Enterprise Transport (SET) in civil contempt for ignoring a subpoena duces tecum for employment and payroll records. The judge ordered a coercive sanction of...
Physical Asset Tracking Is an Important Part of Preservation: EDiscovery Best Practices
Physical asset tracking remains a critical component of eDiscovery preservation, even as organizations migrate data to the cloud. S2|DATA’s ChainLogix platform provides a barcode‑based system that assigns up to 200 customizable fields per device, delivering a defensible chain of custody...
Do’s and Don’ts for Attorneys From Two Texas Judges: EDiscovery Best Practices
At the ABA Techshow, Texas Judges Xavier Rodriguez and Roy Ferguson outlined practical eDiscovery guidance for litigators. They urged attorneys to engage opposing counsel early about data production and to use short depositions to expose missing documents before involving the...
The EDRM GenAI Survey Results: AI and eDiscovery Trends
The EDRM GenAI Working Group surveyed 19 senior legal professionals to gauge how generative AI is being applied across the eDiscovery workflow. Respondents, mainly lawyers at large U.S. firms, report strong success with text‑summarization and document‑drafting, while results for full‑scale...
Access to Open AI Tools for Reviewing Discovery Materials Denied by Court: EDiscovery Case Law
The Kansas District Court granted Defendants’ motion to amend a protective order, restricting the use of open‑AI generative tools on any discovery material while permitting closed‑AI solutions that meet security standards. The judge rejected plaintiffs’ claims that the amendment would...
AI and Modernization in Legal and FOIA: EDiscovery Best Practices
Casepoint’s Amit Dungarani recapped a presentation at the 23rd Annual e‑Discovery, Records and Information Management Conference, emphasizing how AI is moving from experimental hype to operational use in legal, FOIA and records environments. He argued that AI deployments must be...
The Blueprint for Construction eDiscovery: EDiscovery Best Practices
Construction eDiscovery faces distinct hurdles because project data lives in specialized platforms like Procore and Primavera, often spread across many custodians and devices. The article outlines how most critical information can be exported as CSV, Excel, XML, or PDF, providing...
The Hidden Cost of “Manual” Legal Hold Processes: EDiscovery Trends
Corporate legal teams still manage legal holds manually using spreadsheets, email threads, and shared folders. These manual workflows create hidden costs, including lost time, reduced visibility, and heightened compliance risk. As matters multiply and data environments grow, the inefficiencies become...
Order Is “Clearly Erroneous” Or “Contrary to Law”, Rules Court in OpenAI Case: EDiscovery Case Law
U.S. District Judge Sidney H. Stein reversed a November 24, 2025 discovery order that had found OpenAI waived attorney‑client privilege over 2022 communications about deleting two copyrighted datasets, Books1 and Books2. Stein held that OpenAI’s “non‑use” explanation, alleged “moving target” privilege claims,...
Coercive Sanctions Ordered by Court: EDiscovery Case Law
Illinois District Judge David W. Dugan in Mueller v. City of East St. Louis ordered the defendants to produce complete compensation records and conduct a renewed, good‑faith search for electronic communications. The court imposed coercive sanctions of $100 per business...
Provide the Requested Hit Report, Court Rules: EDiscovery Case Law
The Southern District of New York magistrate ordered Sun to produce a hit report for its 57‑term counterproposal after Sun refused, emphasizing the need for transparent term negotiations. The court also compelled Sun to search director Steven Liu’s cellphone, rejecting...
