Extract from Bobby Malhotra’s article “Guardrails Before Greenlights: How Gen AI Will Actually Shape E-discovery in 2026”
Generative AI will be everywhere in e-discovery by 2026, but not necessarily where some evangelists predict. Call us contrarian if you must, but we do not believe the headline-ready notion that large language models will substantially supplant traditional responsiveness review for production will materialize this year.
Instead, 2026 will see generative AI become integral across a host of document-related litigation workflows, including issues analysis, privilege screening, quality control, sensitivity detection, production analysis, chronology building, fact development and deposition prep, while human judgment remains central to responsiveness determinations for outgoing productions. At the same time, we expect courts finally will begin to articulate the contours of defensible AI use in production workflows, offering early guardrails without endorsing wholesale automation of responsiveness calls.
