United States: Disclosure & Electronic Discovery & Privilege

When a congressional inquiry surfaces facts that attract DOJ attention, or an enforcement action triggers legislative scrutiny, companies face a complex challenge: managing investigations across multiple forums where document productions, witness statements, and strategic decisions in one proceeding can reshape risk in another. Understanding how these investigations intersect—and preparing before the second letter arrives—has become essential as the 2026 midterm elections promise to shift oversi

Federal lawmakers have formally challenged the widespread practice of law enforcement agencies using boilerplate nondisclosure language in subpoenas to silence companies from notifying their customers. Senator Ron Wyden and Representative Pramila Jayapal argue that these demands may lack legal authority and violate First Amendment rights, calling for audits and reforms to clarify recipients' rights and curb what they describe as decades of agency overreach.

Generative artificial intelligence AI (gen AI) promises greater efficiency in document review, but instead of eliminating discovery disputes, it has transformed them. Courts are now confronting questions about how much detail opposing counsel is entitled to about the use of gen AI tools.