August 2026
Outline
A look at pertinent announcements, updates, and reports that affect discovery.
Court Declines to Give Generative AI Review Special Scrutiny, Treats It as TAR
Court Declines to Give Generative AI Review Special Scrutiny, Treats It as TAR | eData Edge | Blogs | Arnold & Porter
A magistrate judge in the Northern District of California held that a party's use of generative artificial intelligence (AI) in document review is subject to the same reasonableness and proportionality standards as any other review methodology, and that courts will not dictate how the technology is deployed absent a specific showing of deficiency.
Courts are starting to treat generative AI review as just another TAR tool, not a technology needing its own rulebook. The practical upshot: existing ESI protocols and Rule 26 proportionality already cover it, and opponents can't demand extra transparency just because AI is involved.
GenAI Review Just Got Its Day in Court: What Schulte v. LinkedIn Means for Defensibility
Csdisco
Schulte v. LinkedIn: Courts Treat GenAI Review as TAR
A federal magistrate judge weighed in on GenAI review defensibility. Here's what the Schulte v. LinkedIn ruling signals for ediscovery workflows.
The court didn't treat generative AI review as something new that needed its own rulebook. It treated it as a form of technology-assisted review (TAR), governed by the same reasonableness and proportionality standards that have applied to document review for over a decade.