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Discovery Alert: No Waiver of Work Product, But New Obligations on Disclosure and Data Handling in Use of AI in Litigation

April 28, 2026
Caitlin Oyler
Articles

In Morgan v. V2X, Inc., an employment discrimination case brought by a pro se plaintiff in the U.S. District Court in Colorado, the.Read More

AI Hallucinations in Legal Briefs: Third Circuit Warns Lawyers to Verify AI-Generated Citations in McCarthy v. DEA

In McCarthy v. DEA, the Third Circuit issued a precedential opinion reprimanding an attorney for submitting briefs that relied on unverified, AI-generated legal.Read More

Non-Party Discovery Limits: Court Quashes Lyft Deposition Subpoena Under Rule 45’s Heightened Proportionality Standard

In Davis v. Safety Holdings, Inc. (D. Md. 2026), the court reinforced the heightened protections afforded to non-parties in discovery, granting Lyft’s motion.Read More

Third-Party Subpoenas Upheld in FDCPA Identity Theft Case: Court Applies Rules 26 & 45 Proportionality in Raja v. LVNV Funding

In Raja v. LVNV Funding, LLC, 2026 WL 701557 (E.D. Va. Mar. 12, 2026), the Eastern District of Virginia addressed the scope of.Read More

Deleted Text Messages and Lost Phone: Court Rejects Adverse Inference Absent Prejudice and Intent (Rule 37(e))

In Hickles v. FedEx Corp. (D. Kan. Jan. 28, 2026), the court addressed spoliation issues involving deleted text messages and a missing work.Read More

Nothing is Real Except for the Consequences: Factoring Deepfakes into your IG Program

The rapid growth of deepfakes poses evolving risks for organizations. Deepfakes are synthetic content typically generated with artificial intelligence. According to Keepnet, deepfake.Read More

District Court in Massachusetts Finds Likely ESI Spoliation After “Casual and Haphazard” Preservation Efforts, but Declines Adverse Inference Instruction

In Maquet Cardiovascular LLC v. Abiomed, Inc., 2026 WL 381370 (D. Mass. Feb. 11, 2026), the District of Massachusetts delivered a pointed reminder.Read More

Discovery Alert: No Waiver of Work Product, But New Obligations on Disclosure and Data Handling in Use of AI in Litigation

AI Hallucinations in Legal Briefs: Third Circuit Warns Lawyers to Verify AI-Generated Citations in McCarthy v. DEA

Non-Party Discovery Limits: Court Quashes Lyft Deposition Subpoena Under Rule 45’s Heightened Proportionality Standard

Third-Party Subpoenas Upheld in FDCPA Identity Theft Case: Court Applies Rules 26 & 45 Proportionality in Raja v. LVNV Funding

Deleted Text Messages and Lost Phone: Court Rejects Adverse Inference Absent Prejudice and Intent (Rule 37(e))

Nothing is Real Except for the Consequences: Factoring Deepfakes into your IG Program

District Court in Massachusetts Finds Likely ESI Spoliation After “Casual and Haphazard” Preservation Efforts, but Declines Adverse Inference Instruction

Underwriting File Discovery Denied: SDNY Applies Rule 26 Proportionality in Starr v. Arch Specialty

Possession, Custody, or Control in eDiscovery: Court Clarifies Individual vs. Corporate Records in Larosiere v. Wilson

No More Hall Passes: Working Defensibility Into Your Data Management Process

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