Cookies and pixels used to track user data on the internet are quickly becoming a source of ESI that litigators need to understand and consider how to handle in discovery. In In re Meta Pixel Healthcare Litigation, plaintiffs...more
Does your bring-your-own-device (BYOD) policy quietly wall-off the best evidence in your next case? A March 17, 2025 Special-Master ruling in Allergan, Inc. v. Revance Therapeutics, Inc. says it might—denying a motion to...more
Filing a motion for sanctions under Rule 37(e) requires a strong evidentiary foundation. But there's another factor that's just as critical — timing. Courts have broad discretion in how they handle sanctions, and...more
If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more
Generative AI has been transforming the legal industry, assisting with everything from case law summarization to document review and legal research. But as its adoption accelerates, new legal questions are emerging: Should...more
Litigators, take note—Rule 26(a) is not just a box to check in the early stages of discovery. Failing to comply with its initial disclosure requirements can have disastrous and expensive consequences, as U.S. Bank recently...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 way we communicate has changed dramatically in recent years, with businesses and individuals moving from traditional email to cloud-based collaboration platforms like Microsoft Teams, Slack, WhatsApp, Skype, and Telegram....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
The risks of self-collection in ediscovery continue to be a central theme in courts across the country. A decision from Magistrate Judge William Matthewman in the Southern District of Florida, EEOC v. M1 5100 Corp., serves as...more
What happens when the clock runs out on critical evidence in a high-stakes patent infringement case? Join me, Kelly Twigger, as we unravel the intricate layers of electronic discovery through the compelling Beacon Navigation...more
In today's fast-paced litigation landscape, electronically stored information (ESI) plays a critical role in shaping legal strategies and outcomes. Among the myriad sources of ESI, text messages have emerged as a critical...more
1/20/2025
/ Client Services ,
Discovery ,
Discovery Disputes ,
Document Productions ,
Document Review ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
Legal Project Management ,
Litigation Strategies ,
Redaction ,
Text Messages
A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more
1/15/2025
/ Attorney-Client Privilege ,
Client Services ,
Confidential Information ,
Discovery ,
Discovery Disputes ,
Document Review ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
In-House Perspective ,
Litigation Strategies ,
Privilege Logs ,
Walgreens
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 complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In re Uber Technologies,...more
12/9/2024
/ Attorney-Client Privilege ,
Complex Litigation ,
Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Evidence ,
Litigation Strategies ,
Privileged Communication
When litigating high-profile cases, attorneys must tread carefully in handling confidential materials, especially when protective orders are in place. In Cahill v. Nike, Inc., an inadvertent disclosure by counsel to the press...more
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 Dale v. Deutsche Telekom AG, Magistrate Judge Jeffrey Cole addressed a recurring issue in complex litigation—whether in-house counsel are appropriate custodians in discovery. The October 4, 2024 decision also highlights...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
A recent decision from the Northern District of California, UAB “Planner5D” v. Meta Platforms, Inc. addresses a growing challenge in ediscovery: whether hyperlinked files embedded in emails and other documents are the same as...more
In Moore v. Garnand, Inc. (July 3, 2024), the importance of metadata in ediscovery takes center stage. This case highlights why metadata isn’t just a technical detail but a vital piece of evidence in litigation. Metadata,...more
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
9/16/2024
/ Amazon ,
Discovery ,
Document Productions ,
Document Review ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Evidence ,
Federal Trade Commission (FTC) ,
Investigations ,
Privilege Waivers
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 integration of generative AI tools like ChatGPT has sparked both excitement and concern within the legal community. While AI offers tremendous potential in automating routine tasks, its misuse can lead to severe...more