Editor’s Note: HaystackID is staking out a clearer position in the GenAI legal-tech race with its acquisition of eDiscovery AI—an operational move that signals GenAI is shifting from testing programs to production-grade workflows across litigation, investigations, regulatory response, and cyber incident work. By bringing a purpose-built legal GenAI developer under common ownership (while keeping eDiscovery
DOJ, FTC Seek Public Comment on Restoring Guidelines Governing Competitor Collaborations
The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly announced a request for public comment concerning new antitrust guidelines for collaborations among competitors. The previous guidelines, the 2000 Antitrust Guidelines for Collaborations Among Competitors (the 2000 Collaboration Guidelines) were withdrawn in 2024, leaving no clear guidance in their place.
Competitor collaborations and
The Data Stream – Episode 7 with Matt Van Hise
The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and
Why Your Do-It-Yourself NDA Fails When You Need It the Most
When selling your business or exploring a potential deal, many owners now turn to AI tools to draft non-disclosure agreements. The instinct makes sense. It is fast and accessible. But the execution is often flawed. Most business owners are not lawyers and cannot reasonably be expected to understand every protection that should be built into
A lesson on retaliation from the State of the Union
A lawmaker sits silently during a high-profile speech. He holds up a simple sign protesting a racially offensive depiction of a former president by the current president. No shouting. No profanity. Just a message: this is wrong.
Within minutes, he’s escorted out.
Now take off the Capitol dome and put that scene in your workplace.
The Intractability of Law: Why Lawyers Will Matter Even When AGI Arrives
If we achieve artificial general intelligence, will we still need lawyers?The typical answers fall into two camps. The doomers say no: lawyers are just information processors, and AGI will process information better. The deniers say of course: because law is special and machines could never understand it. Both camps are wrong. And the reason
Governing AI and Privacy Without Becoming the Bottleneck
Brooke Lively: Mastering Law Firm Leadership and Execution
In this episode, Steve Fretzin and Brooke Lively discuss:
- Recognizing that law firms must master the business of law
- Prioritizing rocks before everything else
- Building culture through the right people and real accountability
- Understanding personal wiring and stage fit
Key Takeaways:
- Law school teaches legal doctrine, not leadership, systems, or execution. Firms that struggle
AI vs. Generative AI vs. Agentic AI: What's the Difference?
Learn the differences between artificial intelligence (AI), generative AI, agentic AI, machine learning and deep learning as they apply to the law.
A Closer Look: The Discoverability of Artificial Intelligence Prompts
Are AI prompts, and their generative outputs, discoverable in litigation? A handful of recent district court cases suggest the answer depends on whether the AI prompts and outputs constitute attorney work product.
In Tremblay v. OpenAI, Inc., 2024 WL 3748003 (N.D. Cal. Aug. 8, 2024), the court held that AI prompts written by lawyers can constitute opinion work product when used for litigation-related purposes. The court explained that AI “prompts were queries crafted by counsel and contain counsel’s mental impressions and opinions about how to interrogate [an AI tool], in an effort to vindicate Plaintiffs’ copyrights against the alleged infringements.” In so doing, the court squarely rejected defendant’s argument that AI prompts and outputs only rise to the level of fact work product as opposed to opinion work product. That distinction is important, as opinion work product is offered near-absolute protection from disclosure whereas fact work product is discoverable upon a showing of substantial need for the materials and an inability to secure a substantial equivalent without undue hardship.