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When we examine where the dragons be in cyber litigation, you’ll start to realize that there are safer, deeper ports in which to anchor. And those are just about every state in the Union and every federal agency that has cybersecurity regulations where “reasonability” is the standard of care.
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Two judges in the Northern District of California recently issued groundbreaking summary judgment rulings regarding whether an artificial intelligence company’s scraping and ingestion of copyrighted works to train its LLMs qualified as fair use. Both decisions carry potentially seismic importance for AI companies and intellectual property litigators.
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Stop running pilot after pilot with different tools but failing to move beyond testing. Start with business outcomes. Redesign processes and guardrails. Rethink pricing models. And then, with clarity of purpose, choose the tools that enable the future of legal work.
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As AI becomes more sophisticated at detecting fakes, it is not just changing how brands protect themselves — it has the potential to change the legal framework for determining when platforms themselves might be held responsible for the counterfeits sold on their sites.
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One of the most revealing contradictions in today’s legal landscape is hiding in plain sight. Mobile data now plays a role in more than 75% of e-discovery matters, yet fewer than half of legal teams say they see it in even half of their cases. In an era of encrypted messaging, BYOD policies, and dispersed workforces, this isn’t just an oversight, it’s a liability.
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When employees leave, they don’t just walk out the door with their personal belongings, they often take with them valuable institutional knowledge, IP, and other business-critical data. Without proper data retention policies for departing employees, organizations risk losing essential information, exposing themselves to security threats, and facing costly legal consequences.
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The end of Google page one is not the end of discovery. It is the beginning of a new discovery model — one where the winners are those who align with how buyers actually search, learn, and decide in the age of AI.
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This is the first article in a two-part series dedicated to examining the evolving landscape of e-discovery for legal professionals. Part One addresses the complex challenges and established best practices associated with migrating e-discovery processes to the cloud, emphasizing perspectives from law firms and legal IT specialists.