On April 14, 2026, United States Magistrate Judge Tim A. Baker for the United States District Court for the Southern District of Indiana (the “Court”) entered an order in connection with certain unresolved discovery disputes in White v. Walmart, Case No. 25-cv-01120, finding Plaintiff’s counsel’s “exclusive reliance” on AI to identify discovery deficiencies in Defendant’s
Minding Your Business
Proskauer’s perspective on developments and trends in commercial litigation.
Exploring Potential Antitrust Risks for Quantum Computing
Put “quantum” in front of almost anything and it tends to evoke a singular reaction: it must be highly technical, theoretical, or out of reach. But when it comes to “quantum computing” – especially the business of quantum computing – those instincts are misplaced. That is because the competitive dynamics driving this industry are, in…
End of the Sultan of Sulu Saga? The Paris Court of Appeal Annuls the Final Award
On December 9, 2025, the Paris Court of Appeal rendered what should be the ultimate decision in the Sultan of Sulu saga, annulling the final arbitral award that had purported to order Malaysia to pay US$ 14.92 billion to the heirs of the Sultan of Sulu. As we previously reported, the French Supreme…
Privilege Planning in the New Era
At the end of 2025, amendments were made to the Federal Rules of Civil Procedure that fundamentally change when and how litigators must address privilege issues in federal court. These amendments followed an important decision in the Sixth Circuit in In re FirstEnergy Corp., 154 F.4th 431 (6th Cir. 2025), which provided practitioners fresh guidance…
Crossing the Line? Broker Lift-Outs and Duties of Disclosure in the UK
In the recent decision in Guy Carpenter & Company Ltd v Willis Re (UK) Ltd [2026] EWHC 361 (KB), the High Court considered a series of claims between two competitor reinsurance brokers arising from a major team move of 22 employees, including two company directors
While many reported “team move” cases take place in the insurance…
Michigan Federal Court Protects AI-Assisted Litigation Work Product
Courts issued two seemingly conflicting rulings on whether AI generated materials are protected. Heppner (S.D.N.Y.) found that documents created with a consumer version of Claude AI were not privileged or work product because the tool exposed data to a third party provider. Warner (E.D. Mich.) reached the opposite result the same day on different facts,…
Exit, Stage Antitrust: Abigail Slater’s Resignation & What Happens Next
By Erica T. Jones & Ali Latash
Abigail Slater resigned as Assistant Attorney General for the DOJ Antitrust Division on February 12, 2026—an exit widely reported as a forced ouster after the White House requested her resignation. Her departure is significant because it comes at a moment when antitrust enforcement is both high-stakes and politically salient. The Division is weeks away from…
SDNY Addresses Privilege and Work Product Implications of Using Unsecured Public AI Tools
A recent decision in United States v. Heppner appears to be the first federal ruling to directly address attorney‑client privilege and work‑product issues arising from a non‑lawyer’s use of a consumer-grade insecure AI tool for legal research. The court held that materials generated through Anthropic’s consumer version of Claude were not protected, emphasizing that entering…
English Court of Appeal Clarifies High Threshold for Withholding Disclosure on Grounds of Foreign Regulatory Confidentiality
In Various Claimants v Standard Chartered plc [2025] EWCA Civ 1581, the English Court of Appeal considered when a party is entitled to withhold disclosure on the basis that documents are subject to foreign regulatory confidentiality or may expose a party to foreign criminal or regulatory sanction (on the facts, in the US). This…
It’s Not All Rocket Science: Aerospace Ambitions and Litigation Risk
Aerospace startups often begin with a dream to provide cheaper, better, or faster solutions for aviation and space flight, and the ambition to make that dream a reality. Although optimism fuels innovation, as aerospace startups transition from venture funding into public markets, shareholders may misconstrue their forward-looking optimism as actionable promises. Diamond v. Firefly Aerospace…