Your SOC 2 Audit Stops Where Your AI Privilege Risk Begins
THE TECHNOLOGY BLIND SPOT In the five weeks ending March 30, 2026, three federal judges issued the first such rulings on whether materials a party ran through a commercial AI…
The Technology Blind Spot
Legal, Cyber, Technology, and Professional Ethics — Insights on AI, Legal Tech, and the Intersection of Law and Technology
Judges Approve the Hallucination. They Also Sign It.
THE TECHNOLOGY BLIND SPOT Bar discipline reaches the lawyer who files fabricated authority. No equivalent enforcement reaches the judge who signs it. The page count gives it away. The proposed…
Tool or Third Party: The AI Privilege Test Your Vendor Cannot Pass for You
THE TECHNOLOGY BLIND SPOT Catherine read the Bloomberg headline at 6:42 in the morning, before the partners’ meeting. A federal judge in Manhattan had stripped privilege from thirty-one documents because…
Your Judge’s AI Search Just Became Discoverable
THE TECHNOLOGY BLIND SPOT You don’t know what your judge typed into ChatGPT yesterday. Until April 29, 2026, that didn’t matter. Now it might be discoverable. That morning, a doctrinal…
The Email Your Attorney Sent Is Now Evidence: How Technology Dismantled the Crime-Fraud Exception’s Last Line of Defense
When technology dismantled the crime-fraud exception’s last line of defense, it changed the calculus for attorney-client privilege in ways most lawyers haven’t fully reckoned with. The intersection of eDiscovery, AI, and privilege doctrine creates new vulnerabilities that demand immediate attention.
Your Free Email Account Is Reading Everything You Send
THE EMAIL PRIVACY ILLUSION: PART 1 OF 3 In September 2016, a paralegal on our Kazeon eDiscovery team at EMC finished imaging the email account of a solo…
You Encrypted Everything. It Doesn’t Matter.
In 2014, three weeks into a wrongful termination production at EMC/Kazeon, a paralegal flagged an anomaly in the plaintiff’s email collection. The plaintiff’s attorney had used a properly configured Microsoft Exchange server with Transport Layer Security encryption. Outbound messages left the firm e
The Uncomfortable Reality: Your Client Is Probably Recording You
Your client may be recording your conversations without your knowledge. Here is what every attorney needs to know about the legal and ethical implications of client recording in the age of smartphones.
What Healthcare Figured Out That Law Hasn’t
In March 2018, a family law attorney in Columbus, Ohio, discovered that her client’s estranged husband had been reading every email she sent for eleven months. The husband had guessed his wife’s Gmail password, set up automatic forwarding to a separate account, and monitored every communication betw
The Email Disclaimer Delusion: Why Your Signature Block Won’t Save Your Privilege
In June 2014, a senior litigation counsel at Unilever sent an educational email to 46 managers in her organization. Buried inside the email’s…