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.

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

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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

You've navigated the complexities of litigation, meticulously built your case, and ultimately secured a judgment. The sense of victory is palpable, and you hold in your hand that seemingly definitive court order.

United States Litigation

OK

Offit Kurman

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

The Justice Department announced that it will not be prosecuting Universities Space Research Association (USRA) for violations of U.S. export control laws, citing prompt self-disclosure and cooperation.

United States International

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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

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

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

United States Litigation

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JAMS

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

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JAMS

AMTL's AICP Files Second Case Against TSMC, Its Advanced Memory Amends Against SK Hynix

United States IP

RC

RPX Corporation

California Air Resources Board Publishes Draft SB 261 Guidance

United States Commercial

RG

Ropes & Gray LLP

Federal Court Blocks Enforcement Of Texas Proxy Advisor Disclosure Law

United States Commercial

SM

Sheppard Mullin Richter & Hampton

Law Firm Client Lists And Attorney-Client Privilege

When the government conducts tax investigations into a series of common transactions entered into by numerous taxpayers, it often issues document demands to third parties who may have facilitated such transactions...

United States Tax

CD

Caplin & Drysdale

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?

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

What Would You Tell Our New Lawyers?

United States Litigation

SM

Sheppard Mullin Richter & Hampton

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

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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

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.

Rules For Use Of AI-generated Evidence In Flux

A recent federal district court ruling suggests that generative AI prompts and outputs are discoverable in litigation — even those that were part of pre-suit investigation.

United States Litigation

SS

Seyfarth Shaw LLP

Court Orders Reproduction Of Technical Files In Native Form

In Energy Mgmt. Collab., LLC v. Darwin Tech LLC, 8:22-cv-00952, 2024 U.S. Dist. Lexis 94477 (C.D. Ca. April 25, 2024), the Court issued a discovery ruling regarding the format of an ESI production.

United States Litigation

RS

Reed Smith

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

In the realm of due diligence, identifying potential risks and liabilities early in the process is crucial for legal teams and their clients.

United States Privacy

AC

Ankura Consulting Group LLC

Streamlining EDiscovery: Cost-Effective Investigations Through Review Platforms

Forensic accountants and advisors play a pivotal role in the eDiscovery process. Their skills in financial analysis, data analysis...

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

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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

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HKA

Key Developments In Equal Pay Litigation: Maintaining Privilege Over Pay Equity Audits And Investigations

United States Employment

SS

Seyfarth Shaw LLP

Litigation Minute: Putting Generative AI To Work In Discovery

United States Litigation

KG

K&L Gates LLP

No Fees Without Receipts: Seeking Brandt Fees From Insurers Waives Attorney-Client Privilege

United States Litigation

Boutin Jones

Streamlining Document Review In Due Diligence: How eDiscovery Tools Enhance Efficiency

United States Litigation

AC

Ankura Consulting Group LLC

Litigation Implications Of Using AI Tools In Your Business

United States Technology

DM

Duane Morris LLP

The Importance Of Counsel's Involvement In Discovery

United States Litigation

GT

Greenberg Traurig, LLP

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Latest Videos

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

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K&L Gates LLP

The Privilege Of Being An Attorney (Video)

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Schwartz, Conroy & Hack

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

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Berman Fink Van Horn P.C.

Subpoenas - Video

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Dentons

December 2015 Changes To The Federal Rules Of Civil Procedure: A BakerHostetler Q&A (Video Content)

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BakerHostetler

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