The so-called “modern attachments” found in emails, collaboration software platforms like Slack and MS Teams, and other digital formats are presenting interesting and frustrating challenges for legal professionals in terms of...more
Have you ever given much thought to what constitutes a “family” of documents when producing electronically stored information (“ESI”)? Even if you are an E-discovery attorney, you very well may not have. After all, it is...more
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 week of June 3-9. Here’s what’s...more
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 week of May 27-June 2. Here’s what’s...more
eDiscovery case law disputes are heating up! Our June 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to discovery of hyperlinked documents, boilerplate objections, mobile device...more
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 week of May 20-26. Here’s what’s...more
In Re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, 2024 WL 1772832 (N.D. Cal. Apr. 23, 2024), resolved a dispute over so-called “modern attachments” based on impressive and comprehensive technical...more
As enterprise productivity platforms have evolved, so has the traditional email-attachment paradigm. Modern collaboration tools increasingly rely on the ability to share files without physically sending a copy to the...more
The Ninth Circuit Court of Appeals recently upheld a decision compelling arbitration based on an arbitration provision in website “terms of use,” even though those terms were in a hyperlink....more
January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more
High-quality content isn’t the only thing that matters when it comes to SEO. Inbound links are also a major element of a successful SEO strategy. Many digital marketers treat a linking strategy like an afterthought, when it...more
It’s not a heat wave, it’s a wave of hot eDiscovery case law disputes! Our August 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a motion to compel a forensic examination...more
An attachment is a meaty part of any email, right? Well, maybe. With companies heading in droves toward tools that store files online, the lines have gotten fuzzy. Online storage means that, instead of attaching...more
In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more
With so much emphasis on SEO, it can be easy to forget what happens once someone lands on your website. If you’ve done all your legwork through digital channels, you should have some pretty strong traffic coming to your site....more
The 2021 Nichols v. Noom, Inc. case has left the issue of hyperlink production largely unresolved, even after almost three years. However, regulatory bodies have begun requesting hyperlinked documents in their inquiries,...more
When a disclosure is necessary to prevent an ad from being misleading, the disclosure must be presented in a “clear and conspicuous” manner. Exactly what that means depends a lot on the context, but one question we get...more
Break the summertime blues with some red-hot eDiscovery case law disputes! Our June 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a case where discovery is “like watching...more
The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...more
In a prior article, we discussed the importance of links regarding where a webpage ranks. Linking still matters regarding where a webpage ranks in the search engines. While some may diminish links’ importance, links matter...more
If you’ve worked with an SEO agency in the past, you’ve probably heard the term “link building.” This strategy has been used for years as a way to boost a site’s rankings. The premise is simple — get links to your firm’s...more
Most organizations and law firms have some sort of document management system that houses documents. These document management systems typically provide a way to organize documents by project or matter, preserve earlier...more
Email is a powerful tool in the legal marketer’s arsenal. However, emails that people don’t actually want to read won’t help your strategy. Here are our best tips to help law firms strengthen their email programs and improve...more
Website owners who seek to bind visitors to the terms of an arbitration agreement must make those terms “reasonably conspicuous” under the law, and website visitors must “manifest unambiguous assent” to those terms. That...more
At the beginning of every new year, it is important for legal teams to reflect on key eDiscovery case law from the year before that will influence future processes and case strategy. In 2021, the U.S. courts handled a variety...more