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Discovery

EDRM - Electronic Discovery Reference Model

The Problem of Deepfakes and AI-Generated Evidence: Is It Time to Revise the Rules of Evidence? – Part Two

This is the conclusion to a two part article. Please read Part One first. There must be legal recourse to stop this kind of fraud and so protect our basic freedoms. People must have good cause to believe in our judicial...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 180 | Jason Cassel, Erin Meyer and Mary Bennett of HaystackID sit down with Kaylee & Mary

Jason Cassel, Senior Marketing Manager, Mary Bennett, Director of Content Marketing and Erin Meyer, VP of Marketing Operations for our Trusted Partner, HaystackID sit down with Kaylee & Mary to talk about their journey to...more

Esquire Deposition Solutions, LLC

Recent Rulings Highlight Importance of Depositions in Litigation

In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more

McGuireWoods LLP

The Surprising Danger of Including a Spouse on Email Communications

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Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in...more

Kilpatrick

Solving the “‘Privilege Log’ Problem”: Proposed Changes to Federal Rules of Civil Procedure 16 & 26

Kilpatrick on

Changes to Federal Rules of Civil Procedure 16(b) and 26(f) are projected to come into effect in December 2025. These changes, should they come in to effect, have been promulgated to address what proponents refer to as the...more

Epiq

The Sedona Conference Commentary on Proportionality in Cross-Border Discovery: A Brief Overview | Epiq

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The Sedona Conference (TSC) and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure recently published their Commentary on Proportionality in Cross-Border Discovery (Commentary)...more

Patterson Belknap Webb & Tyler LLP

Show Me the Papers!: Judge Aaron Grants Motion to Compel Document Discovery from Third-Party

United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc. (collectively “Samsung”) to compel non-party Microchip Technology...more

Association of Certified E-Discovery...

[Event] What Does the Court Say About eDiscovery and AI - October 16th, Grand Rapids, MI

Welcome to the event "What Does the Court say about eDiscovery and Ai" happening on Wed., Oct 16 2024 at Founders Brewing Co. Join us for a lively discussion on the intersection of eDiscovery and Ai with Federal Magistrate...more

HaystackID

[Webinar] From Mac to Mobile: Advanced Data Triage and Collection Tools for Forensic Investigators - October 2nd, 11:00 am CDT

HaystackID on

Mobile forensic investigators often face significant challenges when triaging and collecting data from diverse devices, especially when dealing with cloud storage and cross-platform environments. The complexity of navigating...more

Association of Certified E-Discovery...

[Event] Microsoft Purview – eDiscovery Unveiled & Updated - October 2nd, Austin, TX

Continuing our speaker series: Whats new in Microsoft Purview, join us for an overview on the latest features followed by cocktail social - Join our local ACEDS chapter, along with our host Oracle, as we continue our...more

Association of Certified E-Discovery...

[Webinar] Connecting eDiscovery and Case Management to Optimize Outcomes - October 2nd, 8:00 am PDT

In the litigation lifecycle, many teams view e-discovery and case management as two distinct workflows, independent from one another. However, ensuring alignment between them can deliver big benefits. Discover how your...more

EDRM - Electronic Discovery Reference Model

The Problem of Deepfakes and AI-Generated Evidence: Is It Time to Revise the Rules of Evidence? – Part One

On April 19, 2024, the Advisory Committee on Evidence Rules for federal courts faced a critical question: Does AI-generated evidence, including deepfakes, demand new rules? The Committee’s surprising answer—’not yet.’ Was...more

Association of Certified E-Discovery...

[Webinar] From Chaos to Clarity: Tech-Savvy Strategies for Modern Litigation - October 1st, 10:00 am PDT

The intersection of litigation, investigations, and technology is becoming increasingly vital to the success of legal teams. As organizations face mounting pressures from data proliferation, complex regulatory landscapes, and...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 179 | Chris Bojar of Barack Ferrazzano Kirschbaum & Nagelberg LLP sits down with Kaylee & Mary

Chris Bojar, Director of eDiscovery and Litigation Support for Barack Ferrazzano Kirschbaum & Nagelberg LLP sits down with Kaylee & Mary to talk about his journey to eDiscovery from the Summation days through Relativity One....more

Freiberger Haber LLP

The Second Department Reminds Litigants To Follow Requisite Procedures Before Seeking Discovery Sanctions

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Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain facts and information from other parties and non-parties to support...more

Cimplifi

Review is Dead! Long Live Review!

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The declaration we’ve all heard: “The King is dead, long live the King!” It comes from the traditional proclamation used to announce the death of the reigning monarch and simultaneously hail the ascension of the new monarch. ...more

Association of Certified E-Discovery...

Worried About Waiving Privilege via Inadvertent Production? You’ll Want to Read This.

In this week’s Case of the Week, I dive into a critical decision from FTC v. Amazon.com, Inc. (August 1, 2024), which underscores the precarious nature of privilege in document production—particularly in the context of...more

EDRM - Electronic Discovery Reference Model

[Webinar] Data Risk & Resilience Part IV - Data Deletion Dilemma: A Unified Approach to Defensible Data Disposal - September 26th,...

Data Resilience Masterclass: Navigating the Risks of the Digital Age - Data Risk and Resilience is a critical topic for modern businesses, especially within industries that handle vast amounts of sensitive information....more

Esquire Deposition Solutions, LLC

Five Strategies to Optimize Exhibits for Remote Depositions

Litigators don’t always have control over the outcome-determinative evidence in their cases. Often, contracts, accident reports, photographic images, and other critical bits of evidence have in most cases already been created...more

EDRM - Electronic Discovery Reference Model

Possession, Custody, or Control of Responsive Information by States Suing Meta

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. Cal. 2024), applies the “legal control” standard to Fed.R.Civ.P. 34 discovery...more

McGuireWoods LLP

Courts Thankfully Back Away From a Broad “At Issue” Waiver Approach

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Starting about 50 years ago in the case of Hearn v. Rhay, 68 F.R.D. 574 (E.D. Wash. 1975), some courts recognized a broad “at issue” waiver that could strip away privilege without the holder’s disclosure of or even reference...more

BCLP

Navigating a Security Incident - Communication “Dos” and “Don’ts”

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Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical. Below are some DOs and DON’Ts for communicating during a data...more

Array

This Week in eDiscovery: Limiting Discovery | Generative AI Ethics

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 2-8. Here’s what’s...more

Cimplifi

Cracking the Code on Modern Attachments in eDiscovery

Cimplifi on

Modern attachments, in Google Workspaces and Microsoft Office, have long posed significant challenges in eDiscovery. They are not actual files attached to an email or message but are links pointing to files stored elsewhere....more

Association of Certified E-Discovery...

[Webinar] Chicago ACEDS Chapter - Monthly Virtual Coffee Meeting - "Back to School" - September 24th, 7:00 am - 8:00 am PDT

Grab your coffee and connect with fellow e-discovery professionals in a relaxed, informal environment. Join Us for an Interactive Discussion! This month, our Virtual Coffee Meeting will focus on the theme of “Back to...more

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