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Ediscovery,
Civil Procedure

May 14, 2026

The OpenAI trial and the end of 'informal' communications

The OpenAI litigation is becoming a public demonstration of how modern discovery works. Executives separate "official" communications from informal ones; courts increasingly do not.

James Rubinowitz

Litigator and Lecturer
Cardozo School of Law

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The OpenAI trial and the end of 'informal' communications
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The most important evidence in the dispute between Elon Musk and OpenAI is not a contract, a board resolution or a corporate charter. It is a handwritten journal.

As reported by the Daily Journal, lawyers in federal court in Oakland have spent days walkin...

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