2026-08-11 · eDiscovery
GenAI Gets Its 'Da Silva Moore' Moment: What Schulte v. LinkedIn Means for Every Producing Party's ESI Protocol
On July 1, 2026, a federal magistrate judge became the first to expressly accept generative AI as the tool making final responsiveness determinations in litigation discovery—treating it as an evolved form of TAR under the same FRCP proportionality framework courts have applied since 2012. Litigators and in-house counsel should understand what that holding demands of their ESI protocols now, not after the order is entered.

















