Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery.
In this riveting breakdown of...more
For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to...more
The legal landscape of ediscovery continues to evolve at a breakneck pace, driven by new technology, evolving communication platforms, and increasingly sophisticated judicial expectations. The 2024 case law on discovery has...more
2/13/2025
/ Artificial Intelligence ,
Data Collection ,
Data Preservation ,
Discovery ,
Document Productions ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Legal Technology ,
Litigation Strategies ,
Risk Management ,
Sanctions
Curious about whether legal holds are protected by privilege? You won't want to miss this week's breakdown of a landmark decision in the Federal Trade Commission versus Amazon case. We explore the intricacies of Amazon's...more
2/7/2025
/ Amazon ,
Data Preservation ,
Discovery ,
e-Discovery Professionals ,
Evidence ,
Federal Trade Commission (FTC) ,
Litigation Strategies ,
Motion to Compel ,
Privileged Documents ,
Risk Mitigation ,
Trial Practice Guidance
Seven years ago, I wrote an article about what I called the eDiscovery Disconnect—the gap between the work being done on data and the legal strategy that drives discovery. Unfortunately, not much has changed since then, but...more
Last week’s decision in Partners Insight, LLC v. Gill (M.D. Fla., October 28, 2024) tackles an often-overlooked yet essential aspect of ediscovery: manner of production. While much of our focus in ediscovery tends to be on...more
12/16/2024
/ Data Collection ,
Data Management ,
Data Preservation ,
Discovery ,
Document Productions ,
Document Review ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Legal Project Management ,
Litigation Strategies
In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts...more
In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more
10/11/2024
/ Data Management ,
Data Preservation ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Evidence ,
Failure To Preserve ,
Federal Rules of Civil Procedure ,
Mobile Devices ,
Spoliation ,
Text Messages
In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In...more
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
8/12/2024
/ Best Practices ,
Data Collection ,
Data Preservation ,
Discovery ,
Document Productions ,
Document Review ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Hyperlink ,
Law Firm Associates ,
Law Firm Partners ,
Legal Technology ,
Paralegal ,
Webinars
In the ever-evolving landscape of eDiscovery, the privilege surrounding legal hold notices is increasingly being scrutinized. A recent decision in FTC v. Amazon.com, Inc. (July 9, 2024) brings this issue to the forefront,...more
The importance of early planning and thorough preservation of electronic data cannot be overstated, especially when it comes to litigation. In a recent case, Two Canoes LLC v. Addian Inc. (April 30, 2024), the failure to...more
In a recent ruling in Lopez v. Apple, Inc., Apple faced significant sanctions for failing to suspend its automated data deletion policy for Siri recordings after the initiation of litigation. This case is a reminder of the...more
A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided...more
6/28/2024
/ Data Collection ,
Data Management ,
Data Preservation ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Failure To Preserve ,
Federal Rules of Civil Procedure ,
Mobile Devices ,
Spoliation ,
Text Messages
United States Magistrate Judge Sean Flynn’s recent decision in Byte Fed., Inc. v. Lux Vending LLC, is another in a long line of cases enforcing the 2015 amendments to the Federal Rules requiring specificity in objections to...more
5/24/2024
/ Client Representation ,
Compliance ,
Data Preservation ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Evidence ,
Federal Rules of Civil Procedure ,
Scope of Discovery Requests
Hyperlinked files within electronic communications pose three significant challenges in ediscovery that had been previously unanswered by a thorough judicial analysis: 1) whether a hyperlinked file is an “attachment” that...more
In the intricate world of legal proceedings, the duty to preserve evidence plays a pivotal role, particularly when it involves video evidence that can unequivocally substantiate claims or defenses. The recent decision in Nagy...more
In the realm of litigation, the management of electronically stored information (ESI) is a pivotal component that can significantly influence the trajectory and outcome of a case. The recent ruling in Doe LS 340 v. Uber...more
In a recent exploration of the complexities surrounding the FRE 502(d) order and the intricacies of privilege in eDiscovery, we delve into the critical case of Lubrizol Corp. v. IBM Corp. This case shines a light on the...more
If you’ve been following my Case of the Week series, you know we’ve seen a rising trend of courts issuing harsh sanctions, including dismissal, for failure to preserve text messages and other data from mobile devices. This...more
[Editor’s Note: This article has been republished with permission. It was originally published January 18, 2024 on the eDiscovery Assistant Blog] In Episode 129 of Case of the Week, Kelly Twigger of eDiscovery Assistant...more
1/25/2024
/ Data Collection ,
Data Preservation ,
Discovery ,
Document Productions ,
Document Review ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
Patent Infringement ,
Third-Party Service Provider
[Editor’s Note: This article has been republished with permission. It was originally published November 9, 2023 on the eDiscovery Assistant Blog] In Episode 123, CEO and Founder of eDiscovery Assistant, Kelly Twigger,...more
11/16/2023
/ Data Collection ,
Data Preservation ,
Discovery ,
Discovery Disputes ,
Document Productions ,
Document Review ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Mobile Devices ,
Social Media
[Editor’s Note: This article has been republished with permission. It was originally published November 2, 2023 on the eDiscovery Assistant Blog] In Episode 122, CEO and Founder of eDiscovery Assistant Kelly Twigger...more
[Editor’s Note: This article has been republished with permission. It was originally published October 19, 2023 on the eDiscovery Assistant Blog] In Episode 121 of Case of the Week, Kelly Twigger, CEO and Founder of...more