PreviewYou're previewing CLO AI Chambers. Sign in to use it.Sign in
← All lessons
L1 · Legal AI use cases8 min read

E-discovery and first-pass review

Litigation and investigations involve large volumes of email, chat and documents. AI has been used here longer than anywhere else in law.

From TAR to generative AI

  • Technology-assisted review (TAR), also called predictive coding, has been used for more than a decade: lawyers review a sample, the system learns what is relevant and ranks the rest. Courts have accepted it where the process is reasonable and transparent.
  • Generative AI review goes further: you describe what is relevant in plain language and the model classifies documents, explains why, and summarizes key documents and themes. In The General Counsel Report 2026, 37% of general counsel reported using or experimenting with generative AI for first-pass review.

What to get right

  • Defensibility: document the process, the validation (sampling to measure recall and precision) and who made decisions. Be ready to explain it to the court and the other side.
  • Privilege review: AI can flag likely privileged documents, but final privilege calls stay with lawyers; use clawback agreements and, in U.S. federal courts, Federal Rule of Evidence 502(d) orders.
  • Agreement with the other side: discuss the use of AI review in the discovery protocol early.
  • Data handling: review platforms hold your most sensitive data; check where it is processed and whether any of it trains models.

Investigations

Internal investigations benefit from fast summaries and timelines, but they raise privilege questions: run them at the direction of counsel, inside approved tools, with access limited to the investigation team.

What this means for the General Counsel

What this means for a General Counsel

E-discovery is often the largest single external legal cost, so AI review can deliver real savings, but the decisions are usually made by your outside counsel and e-discovery vendor.

Ask your firms three questions: What AI do you use for review, and how do you validate it? How is our data protected (no training, retention, location)? How are the savings reflected in fees? Put the answers into your outside counsel guidelines.

Real example

In Da Silva Moore v. Publicis Groupe (S.D.N.Y., February 2012), Magistrate Judge Andrew Peck issued what is widely recognized as the first judicial opinion approving computer-assisted review (predictive coding) "in appropriate cases". The parties faced about three million documents, and the court pointed to the volume, cost-effectiveness and proportionality, and a transparent process. Source: Faegre Drinker — Leading federal court decision opens doors to wider use of computer-assisted review (Da Silva Moore v. Publicis Groupe, April 2012) ↗ · Proskauer — Court endorses use of predictive coding for ESI discovery ↗

Use it

Quick check · 3 questions

  1. 1.What makes AI-assisted document review defensible in court?

  2. 2.Who makes the final privilege call on documents flagged by AI?

  3. 3.Which question should you ask outside counsel about AI review?

0 of 3 answered

Sources

Last reviewed 2026-10-01.