When a corporate defendant moved to restrict a pro se plaintiff’s AI use in discovery, the court didn’t just rule on the motion — it wrote the most comprehensive framework on AI and work product protection in federal court yet, and the protective order standard it set will follow every litigator using AI, not just
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Do You Waive Privilege by Using AI? Two Federal Courts Say It Depends
If you or your clients are using generative AI tools to analyze facts or draft litigation strategy, two new federal rulings show that privilege protection may turn on facts most litigators are not yet asking about.
By Kelly Twigger
In February 2026, two federal courts issued the first rulings addressing whether materials…
Navigating Legal and Compliance Risks When Corporations Expose Sensitive Data to AI
By Kelly Twigger and John Patzakis
Implementing AI within a corporate environment is no longer a matter of “if” but “how.” We recently addressed these challenges in our webinar, “Navigating Legal and Compliance Risks in AI,” where our panel of experts discussed the strategic transition required to build a robust risk mitigation framework. While the…
Discovery Wake-Up Call: AI Prompts Are Discoverable (And Privacy Won’t Save You)
By Kelly Twigger
Welcome to the final Case of the Week for 2025! As we close out the year and look toward a fantastic 2026, we are doing something a little different. Rather than focusing on a single order, we are diving deep into the OpenAI Copyright MDL in the Southern District…
Case of the Week: Five Years In—What the Last 179 Episodes Are Telling Litigators Now
Kelly Twigger, our Founder and CEO, just marked five years of weekly case analysis. This retrospective highlights what five key rulings from the past five years teach about discovery in practice and where litigators are being tested now.
This week’s episode isn’t a victory lap. It’s a grounded look at how ESI…
Discovery Strategy Decides Cases: How Minerva26 Puts Litigators Back in Control
By Kelly Twigger, CEO, Minerva26
For too long, discovery has been treated like a compliance chore. Check the boxes, survive the deadlines, move on. That mindset doesn’t hold up anymore.
When nearly all evidence lives as ESI, discovery is the case. Early, defensible decisions about data now set the trajectory—what gets found, what gets missed,…
Episode 173: Fake Citations, Real Sanctions: AI Hallucinations Spark $31K in Sanctions
In Episode 173, Kelly Twigger discusses the imposition of sanctions and what those sanctions were following the submission of AI generated hallucinated citations in a brief to the Special Master on discovery issues in Lacey v. State Farm Gen. Ins. Co.
Introduction
Welcome to our Case of the Week segment of the Meet and Confer…
Generative AI in eDiscovery – The Legal Questions No One Saw Coming
by Kelly Twigger
How Courts Are Addressing AI-Generated Content in Discovery Disputes
Generative AI has been transforming the legal industry, assisting with everything from case law summarization to document review and legal research. But as its adoption accelerates, new legal questions are emerging:
- Should AI-generated content—including prompts and outputs—be subject to discovery?
- Can opposing counsel
…
2024 eDiscovery Case Law Trends: Sanctions, Strategy, and the Shifting Legal Landscape
by Kelly Twigger
The legal landscape of ediscovery continues to evolve at a breakneck pace, driven by new technology, evolving communication platforms, and increasingly sophisticated judicial expectations. The 2024 case law on discovery has been nothing short of transformative, with courts setting new precedent on everything from sanctions for lost mobile device data to the…
eDiscovery Assistant Releases 2024 eDiscovery Case Law Year in Review Report
A Tactical Guide to Navigating the Evolving Discovery Landscape
BOULDER, COLORADO, February 12, 2025 – eDiscovery Assistant, the strategic command center for ediscovery, today announced the release of its 2024 Case Law Year in Review Report, a comprehensive analysis of over 5,000 ediscovery rulings shaping litigation strategy. This essential resource provides litigators with curated…