United States: Disclosure & Electronic Discovery & Privilege

A federal court ruling examines whether attorney-client privilege and work-product protections extend to materials created when a criminal defendant independently used a consumer AI platform to analyze confidential attorney discussions and generate defense strategy reports. The decision addresses critical questions about privilege waiver when clients share attorney communications with third-party AI tools that lack robust confidentiality safeguards.

The New Jersey Supreme Court has ruled that government-related emails stored in public officials' personal email accounts are subject to disclosure under the Open Public Records Act (OPRA). This landmark decision in Rosetti v. Ramapo-Indian Hills Regional High School Board of Education establishes that public business cannot be shielded by using private email accounts, creating significant implications for both public entities and those seeking government records.

The Court of Chancery has issued a significant decision on the preservation of electronically stored information, and it should give pause to anyone who relies on disappearing-message applications after litigation...

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.

A wrongful conviction case spanning 15 years comes to light as Greenberg Traurig attorneys uncover new evidence suggesting Pierre Rushing, convicted of murder at age 22, may be innocent. With a recanted eyewitness testimony and hundreds of previously undisclosed police reports, the legal team fights to overturn a conviction built on questionable evidence.

Tennessee businesses defending personal injury claims are increasingly confronting disputes over medical damages, particularly treatment provided outside traditional health insurance systems through Letters of Protection.

As courts increasingly confront the use of artificial intelligence in litigation, a framework is emerging that determines when AI prompts are discoverable or protected.

In Definitive Holdings v. Powerteq, No. 2024-1761 (Fed. Cir. Apr. 14, 2026), the Federal Circuit affirmed summary judgment that the asserted claims were invalid under pre-AIA 35 U.S.C. § 102(b)...