Why Lawyers Can't Ignore eDiscovery
It's Time to Think About Data Mapping Differently
The AI Trust Test in eDiscovery
eDiscovery Tips: Helpful Questions to Ask Your Clients
30-Minute Workshop: Resume Clinic for EDiscovery Project Managers
To Unlock AI’s Power, Think Predictive to Generative
Work This Way: A Labor & Employment Law Podcast | Episode 15: eDiscovery for Employers with Angela O’Neal, Nextra Solutions Director
Calculating eDiscovery Costs: Tips from Brett Burney
eDiscovery for the Rest of Us: Why Small Firm eDiscovery Matters
The Great Link Debate and the Future of Cloud Collaboration
Why Your eDiscovery Program and Technology Need Scalability
Bar Exam Toolbox Podcast Episode 237: Listen and Learn -- Discovery (Civ Pro)
#CaseoftheWeek with Kelly Twigger: Latin Markets Brazil, LLC v. McArdle
Podcast - Inteligencia Artificial
LFLM LAW with L.A.W - Discovery for Covid-19 Claims
Chemical Engineering Expert Witness Experience & Discovery – IMS Insights Podcast Episode 48
JONES DAY PRESENTS®: The Mechanics of Multidistrict Litigation: Streamlining Complex Cases
Bar Exam Toolbox Podcast Episode 204: Listen and Learn -- Scope of Discovery and the Work-Product Privilege
A Look at the Metaverse’s Legal Implications, with Special Guest Samantha Green, Director of Content Marketing, Epiq
Recent Trends in Class-Action Consumer Finance Litigation - The Consumer Finance Podcast
[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more
Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion...more
I. Introduction - Virginia law provides for monetary and nonmonetary sanctions against litigants and their counsel for signing a pleading that is not well grounded in fact and law or is otherwise brought for an improper...more
Earlier this week, the Ninth Circuit in Jones v. Riot Hospitality Group, 2024 WL 927669 (9th Cir. Mar. 5, 2024) affirmed the dismissal of an employee’s claims against her employer and found that terminating sanctions...more
Dismissal of plaintiff’s claims under Fed.R.Civ.P. 37(e)(2) was affirmed in Jones v. Riot Hosp. Grp. LLC, __ F. 4th__, 2024 WL 927669 (9th Cir. Mar. 5, 2024). The case is a textbook example of a plaintiff tanking her own case...more
A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more
Privilege logs have been getting a lot of attention, with good reason. “Privilege logging is arguably the most burdensome and time consuming task a litigant faces during the document production process.” The Sedona...more
[Editor’s Note: This article was first published October 18, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more
The Consumer Financial Protection Bureau (CFPB) brought an action against 18 defendants under the Consumer Financial Protection Act (CFPA) and the Fair Debt Collection Practices Act (FDCPA) for engaging in or substantially...more
On June 12, 2023, an Eleventh Circuit panel issued an opinion affirming a sanctions order against the Consumer Financial Protection Bureau (CFPB) premised on the CFPB’s “derail[ment]” of multiple depositions in contravention...more
On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. ...more
As 2023 begins it is time once again to reflect on the most interesting eDiscovery cases from last year. Trends are always evolving in this dynamic space and eDiscovery professionals cannot afford to snooze on this review....more
Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action. After being notified that the FTC has begun an...more
We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more
The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more
In Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, Gregory V. Moeller, Growthworks, LLC, Michael Harradon, and Jon Moeller, the United States District Court for the District of Massachusetts entered a default...more
To better understand how technology continues to affect the legal industry, you just have to look at case law and the resulting court rulings, particularly in regards to eDiscovery and the Federal Rules of Civil Procedure...more
The necessity to advance civil litigation during the COVID-19 pandemic remains a challenge for counsel, even as positivity and death rates are falling across the United States. Litigators are juggling client meetings, court...more
Is eDiscovery Existing in a Post-Sanctions World? The short (and obvious) answer is no. Rule 37(e) isn’t going anywhere. But recent case law indicates a trend where sanctions seem to be harder to come by, which may play...more
This is the second in a series of posts evaluating the results of Exterro and Duke/EDRM’s 2019 survey of Federal district court and magistrate judges. With information from over 250 judges, the survey data offers a rich trove...more
Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more
Now is a great time to look back on 2018's most influential eDiscovery cases. Part two of this four-part series covers cases pertaining to preservation, spoliation, and sanctions....more
...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more
Kilpatrick Townsend Senior E-Discovery Attorney Katie King recently participated in an E-Discovery Sanctions webinar, where she shared the following tips to protect your clients and your reputation: Sanctions and their...more
Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more