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.

Celebrating Decades Of Innovation On EDiscovery Day 2025 (Video)

As we celebrate the 11th annual World eDiscovery Day, members of our e-DAT practice group reflect on nearly three decades as pioneers in eDiscovery innovation and client service.

United States Litigation

KG

K&L Gates LLP

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

As of today, December 1, 2025, amendments to the Federal Rules of Civil Procedure officially take effect, reshaping how parties must approach the timing and method of making privilege claims in federal litigation.

United States Litigation

AP

Arnold & Porter

Courts Are Starting To Define What "AI Discovery" Means

As companies increasingly rely on generative AI tools to assist with research, writing, coding, and other business functions, opposing parties in litigation have begun to seek that data in discovery.

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

On October 3, 2025, the United States Court of Appeals for the Sixth Circuit upheld the application of the attorney-client privilege and work product doctrine to internal investigations.

United States Litigation

ML

Milbank LLP

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

United States Litigation

AO

A&O Shearman

Webinar – Inadvertent Disclosure Of Privileged Material (Video)

United States Litigation

BB

Beresford Booth

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

United States Technology

B

Bracewell

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

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 The JAMS AI Rules Can Streamline Discovery For AI-Related Disputes

United States Litigation

J

JAMS

AI Innovation Is Accelerating, But Oversight Is Fragmented: Why ADR Must Fill The Governance Gap

United States Litigation

J

JAMS

Food Venture Financing News – Weekly Issue No. 262

United States Healthcare

DW

Davis Wright Tremaine

Banking Industry Outlook: U.S. Banking M&A Surge Arrives In Q3

United States Compliance

AC

Ankura Consulting Group LLC

Back To School 2025: Title IX Updates And How ADR Can Help Universities Resolve Disputes (Podcast)

United States Litigation

J

JAMS

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

Preserving Evidence: A Guide For Businesses Facing Or Anticipating Initiating Litigation

United States Litigation

MB

Michael Best

Law Firm Client Lists And Attorney-Client Privilege

United States Tax

CD

Caplin & Drysdale

Court Adopts Variation Of Bizarre Privilege Principle

United States Litigation

ML

McGuireWoods LLP

New York Federal And State Courts Deal With Privilege And Work Product Implications Of Intrafamily Communications

United States Litigation

ML

McGuireWoods LLP

Responding To Subpoenas

United States Litigation

MM

McLane Middleton, Professional Association

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

United States Technology

RS

Reed Smith

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

United States Litigation

ML

McGuireWoods LLP

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

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

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

Over the last several years, there have been a number of opinions issued by district courts continuing to rely upon their "inherent authority"...

United States Litigation

WS

Winston & Strawn LLP

What Would You Tell Our New Lawyers?

United States Litigation

SM

Sheppard Mullin Richter & Hampton

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

In an era defined by rapid technological change, legal discovery has become more complex than ever before. What was once a straightforward process of retrieving...

United States Privacy

AC

Ankura Consulting Group LLC

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

Every commercial litigator is familiar with the burdens at the discovery phase of litigation, whether it is a dispute over production, privilege, or just the sheer volume and cost (both time and money) associated.

United States Litigation

FF

Farrell Fritz, P.C.

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

By now, companies across all industries have become familiar with the lifecycle and stages of a ransomware incident.

United States Litigation

MB

Mayer Brown

Discoverability Of An Employee's Text Messages

Ever since remote work became a normal reality for corporate employees, it is not surprising to see an increase in the use of personal devices for business purposes.

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

Streamlining EDiscovery: Cost-Effective Investigations Through Review Platforms

United States Litigation

ML

Marcum

eDiscovery Advantage, Volume 6, Issue 1

United States Litigation

WS

Winston & Strawn LLP

Dimensions Of Diversity: Championing Justice Through Technology: Johnathan Hill On Community Engagement At Relativity

United States Commercial

BI

Buchanan Ingersoll & Rooney PC

Landmark Zubulake E-Discovery Precedents Revisited Twenty Years Later

United States Litigation

RS

Reed Smith

EU Litigation Update - July 2024

European Union Litigation

QE

Quinn Emanuel Urquhart & Sullivan

Attorney-Client Privilege In UPC Litigation Proceedings

OB

Osha Bergman Watanabe & Burton LLP

Common Signs Your Business Might Be A Victim Of Tortious Interference

United States Litigation

MB

Michael Best

RICO — Not Just For Mob Lawyers

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Document Retention For U.S. Litigation Beyond Borders: Considerations For Foreign Companies

United States Litigation

GT

Greenberg Traurig, LLP

How To Find The Perfect Expert Witness To Win Your Case

United States Litigation

H

HKA

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Latest Videos

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Webinar – Inadvertent Disclosure Of Privileged Material (Video)

BB

Beresford Booth

E-Discovery Exchange With Julie Anne Halter, Carolyn Austin, And Krysta Slavik (Video)

KG

K&L Gates LLP

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.

Preparing For The December 2015 Changes To The Federal Rules Of Civil Procedure (Video Content)

B

BakerHostetler

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