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.

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

AI notetaking tools have become ubiquitous in business meetings, but they pose serious legal risks in the boardroom that most directors don't realize.

United States Technology

D

Dykema

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

Generative AI will be everywhere in e-discovery by 2026, but not necessarily where some evangelists predict.

United States Technology

WS

Winston & Strawn LLP

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

The U.S. Court of Appeals for the Sixth Circuit recently issued a significant decision in In re FirstEnergy Corp., granting mandamus relief and vacating a district court order...

United States Litigation

WL

Withers LLP

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?

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

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

Supreme Court Weighs Extent Of President's Authority To Impose Tariffs During Proclaimed National Emergencies

United States Litigation

D

Dykema

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

United States Government

W

WilmerHale

Artificial Intelligence — A Blessing With Boundaries (Video)

United States Technology

MB

Michael Best

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

RS

Rotfleisch & Samulovitch P.C.

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

United States Litigation

J

JAMS

AI In Action: Enhancing Legal Discovery And Investigation Reviews

In the rapidly evolving landscape of legal proceedings, electronic discovery, or e-discovery, is a pivotal process for identifying, collecting, and producing electronically stored information (ESI).

United States Litigation

AC

Ankura Consulting Group LLC

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

Litigation hold notices are often assumed to be attorney-client privileged or protected under the work-product doctrine.

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

With new AI advances in the legal field seemingly occurring with every passing day, it is often assumed that the attorney's role in eDiscovery will inevitably diminish.

United States Technology

AP

Arnold & Porter

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

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

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

Court Adopts Variation Of Bizarre Privilege Principle

Several courts have adopted a nonsensical principle that, as one court put it, "[w]hen documents are prepared for dissemination to third parties...

United States Litigation

ML

McGuireWoods LLP

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

The differing waiver rules governing the fragile attorney-client privilege and the robust work product doctrine protection predictably create stark differences...

United States Litigation

ML

McGuireWoods 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?

United States Litigation

ML

McGuireWoods LLP

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

As opposing parties navigate the frightening process of discovery, "reasonableness" often lurks like an elusive spirit. While each party conjures their own version of what's reasonable, the Federal Rules.

United States Litigation

RS

Reed Smith

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

The absolute litigation privilege is a long-standing legal principle that statements made during the course of a judicial proceeding by participants in the proceeding (whether parties, attorneys, witnesses, or judges)...

United States Litigation

FF

Farrell Fritz, P.C.

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

Today's interconnected world presents significant challenges for managing cross-border e-discovery and data breach investigations.

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

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

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

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

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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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