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Articles by Michelle Six
Michelle Six on Evaluating AI Investments
Gunster’s Michelle Six was quoted in Law360 Pulse discussing how midsize law firms are approaching AI investments with a focus on efficiency, competitiveness, and business value. Six, the founder of Gunster’s e-discovery subsidiary, Zest, explained that before investing in a new tool, the firm typically looks for a short-term pilot or other opportunity to test whether the product can support a strong business case.
Three Courts, Three Frameworks: What ‘Heppner,’ ‘Warner,’ and ‘Morgan’ Tell Us About AI, Privilege, and Work Product
Lawyers advising clients should assume that communications with public AI tools will not be privileged. Credit: SomYuZu/Adobe Stock In the span of six weeks, three federal courts have issued rulings that together begin to sketch the contours of how privilege and work product doctrine will apply to the use of generative artificial intelligence in litigation. The decisions—United States v. Heppner, 2026 WL 436479 (S.D.N.Y. Feb. 17, 2026); Warner v. Gilbarco, Inc., 2026 WL 373043 (E.D. Mich. Feb.
Stealing the Scraps: Dissecting the Meaning of Cooperation and Transparency in E-Discovery
You’ve been retained by a client to represent them in a contentious civil dispute. Opposing counsel has just sent over a draft stipulation detailing a proposed scope of e-discovery obligations, the first paragraph of which defines “cooperation” as a requirement and mandates that the parties agree to transparency consistent with the federal and/or local rules of civil procedure.
Building a Better ESI Agreement: Why Customization Matters
The preservation and collection of potentially relevant electronically stored information (ESI) is daunting, no matter the size or scope of your case. With ever-increasing sources of ESI to manage, including mobile device applications, structured data, ephemeral messages, multimedia, and messaging platforms, clients need a bespoke discovery plan that is thoughtful and targeted in order to keep costs manageable and discovery processes efficient.
A Proposed Technology-Assisted Review Framework
Law360 (April 27, 2020, 5:22 PM EDT) -- It’s time to have a frank conversation about technology-assisted review in the context of civil litigation. For orientation, technology-assisted review is often called TAR, and that’s the acronym we will use here. TAR is a broad term used to describe a variety of computer-assisted methods of document review. Some approaches are algorithmically driven, others have a linguistic or “rules-based” element.
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