News & Analysis as of

Electronic Discovery law-news Construction

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
EDRM - Electronic Discovery Reference Model

Cross-Examine Your AI: The Lawyer’s Cure for Hallucinations

I. Introduction: The Untested Expert in Your Office - AI walks into your office like a consulting expert who works fast, inexpensively, and speaks with knowing confidence. And, like any untested expert, is capable of being...more

EDRM - Electronic Discovery Reference Model

Confidence Meets Complexity: Full Results from the 2H 2025 eDiscovery Business Confidence Survey

ComplexDiscovery Editor’s Note: Confidence is rising fast across the legal data services landscape—but that confidence now demands accountability. The 2H 2025 eDiscovery Business Confidence Survey reveals an industry that has...more

Cimplifi

Who’s Afraid of the Big Bad AI Wolf? Reflections from NAMWOLF’s Annual Conference

Cimplifi on

I recently had the privilege of moderating a dynamic panel at the National Association of Minority and Women Owned Law Firms (NAMWOLF) Annual Meeting: “Who’s Afraid of the Big Bad AI Wolf?”...more

Blake, Cassels & Graydon LLP

Spoliation of Evidence: Supreme Court of Canada Set to Provide Guidance

In SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, the Supreme Court of Canada is expected to provide national guidance on spoliation — the intentional destruction of relevant evidence to affect...more

Gordon Rees Scully Mansukhani

New York Expands Use of Affirmations: A Win for Efficiency in Modern Law Practice

On November 21, 2025, Governor Kathy Hochul signed into law a measure that quietly but powerfully reshapes civil practice in New York. The amendment to CPLR Rule 2106 allows any person, wherever they may be, to affirm the...more

TransPerfect Legal

Digital Strangers in Litigation: Does Sharing with AI Breach Privilege?

TransPerfect Legal on

Artificial intelligence (AI) is transforming the way lawyers work. For litigators, the attraction is clear: faster review, sharper analysis and definitive cost saving. Yet with these opportunities come a sharper risk – that...more

Cimplifi

Taming Modern Data Challenges: Preservation Challenges and Best Practices for Linked Documents

Cimplifi on

Many legal professionals talk about the challenge of collecting linked documents, but there are historical preservation challenges as well. Preserving linked documents may require ensuring that the content remains unchanged...more

EDRM - Electronic Discovery Reference Model

[Webinar] Presentation of the 2025 Winner of the GO Spirit Award - December 16th, 1:00 pm - 2:00 pm ET

Founded in 2021, the Gayle O’Connor Spirit Award celebrates e-discovery and legal technology community members whose singular energy, enthusiasm, and verve echo the spirit of the late Gayle O'Connor (1956-2020). The GO Spirit...more

McGuireWoods LLP

Defendant Successfully Avoids a Subject Matter Waiver, But Could Have Avoided Any Waiver

McGuireWoods LLP on

Disclosing privileged or work product-protected communications to a third party can risk a waiver of those communications’ protections. In some circumstances, such a disclosure can trigger a more frightening subject matter...more

Array

Can You Collect That? Mobile Data Challenges in Litigation

Array on

Mobile devices have become central to how we work, communicate, and collaborate – which means they are now a major source of evidence in modern litigation. As smartphones, tablets, and laptops continue to store more...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 218 | Nate Latessa of HaystackID sits down with Mary Mack and Holley Robinson

In this episode, the thirty-fifth in a series, Nate Latessa, Chief Revenue Officer and Vice President of Advisory Services for EDRM Trusted Partner HaystackID, sits down with EDRM’s Mary Mack and Holley Robinson to update us...more

Esquire Deposition Solutions, LLC

Our View: Careful Digital Reporting Is Clearly Lawful in Texas

Earlier this year a trial court in Montgomery County, Texas, excluded from evidence a non-stenographic deposition transcript in a civil case pending in that court.  In response to this order, opponents of non-stenographic...more

EDRM - Electronic Discovery Reference Model

What Connects “Popcorned Planet” and Ms. Blake Lively?

The answer is “Popcorned Planet, Inc., moves to quash a subpoena for documents served by Blake Lively, who responds in opposition.”  Popcorned Planet, Inc. v. Lively, 2025 WL 3458601 (M.D. Fl. Dec. 2, 2025)....more

Purpose Legal

How to Leverage AI in Issues Analysis to Meet Tight Deadlines and Reduce Costs

Purpose Legal on

Over the past 18 months, Purpose Legal’s advisory team has consulted, perhaps more than any other eDiscovery topic, on AI-powered document review. Those conversations move very quickly to the same question: first and...more

TransPerfect Legal

Five eDiscovery Data Source Challenges—and How to Overcome Them

TransPerfect Legal on

Discovery used to be pretty straightforward. Most of the data legal teams needed lived on email servers or shared drives, making it easy to find and manage. How times have changed. Now, information resides in an...more

Loeb & Loeb LLP

In re OpenAI, Inc., Copyright Infringement Litigation

Loeb & Loeb LLP on

Finding that OpenAI waived attorney-client privilege in multidistrict litigation over copyright infringement claims, district court grants plaintiffs’ motion to compel OpenAI to produce communications with in-house counsel...more

EDRM - Electronic Discovery Reference Model

Forward is Our Best Direction

The senior partner sat in his office late on a Thursday evening, staring at a motion filed by opposing counsel. They had identified contradictions across seventeen depositions—patterns his 40-person review team had missed...more

Marshall Dennehey

Precedent Established: New York Appellate Division Grants Discovery of Third-Party Litigation Funding

Marshall Dennehey on

Key Points: The Appellate Division, First Department, affirmed that defendants may obtain discovery of third-party litigation funding agreements, breaking with prior public policy protections....more

Cadwalader, Wickersham & Taft LLP

Thumbs Up for Upjohn: Sixth Circuit Upholds Privilege for Internal Investigations

On October 3, 2025, in In re FirstEnergy Corp., the U.S. Court of Appeals for the Sixth Circuit vacated a district court order that, if permitted to stand, would have required wholesale production of materials generated in an...more

EDRM - Electronic Discovery Reference Model

[Webinar] Most Important eDiscovery Case Law Rulings of 2025 - December 18th, 1:00 pm - 2:00 pm ET

What are the most important eDiscovery case law rulings of 2025? In our December 2025 EDRM monthly webinar of cases covered by the eDiscovery Today blog, we will revisit several of the great cases we’ve discussed this year,...more

Array

Collecting Slack, Zoom, and Mobile Data: What Lawyers Need to Know

Array on

As legal teams prepare for discovery, the scope of electronically stored information (ESI) continues to expand, and so does the complexity of data collection. Traditional sources like email and shared drives are now joined by...more

Minerva26

What to Discuss at Meet and Confer and Include in ESI protocol on Slack

Minerva26 on

This is the second part of a three-part series of tech tips on Slack as ESI. When Slack is a key platform for evidence for your case, making sure what the parties agree to is a key element to include in an ESI protocol....more

EDRM - Electronic Discovery Reference Model

[Webinar] Simplify Internal Investigations with Guardian Collaborate for Enterprise - December 17th, 1:00 pm - 2:00 pm ET

In today’s complex data landscape, business-related communications and messaging data are critical and often only available from mobile devices. Today, 70% of investigations are internal investigations*. Join us for an...more

Hogan Lovells

Privilege Protections Held Firm, but Caution Should Remain: The Sixth Circuit Affirms Privilege Protections in Internal...

Hogan Lovells on

On October 3, 2025, in a highly anticipated ruling in In re First Energy Corp. No. 24-3654 (6th Cir. Oct. 3, 2025), the Sixth Circuit granted a mandamus petition and vacated a lower court order that FirstEnergy, an Ohio-based...more

EDRM - Electronic Discovery Reference Model

The Hidden Cost Center No One Understands: Why 40% of Legal Pros Still Misunderstand eDiscovery

The Misunderstanding Nobody Wants to Admit - Here’s a truth we don’t talk about enough in the legal world: eDiscovery is frequently misunderstood, even by the people who live closest to it....more

5,067 Results
 / 
View per page
Page: of 203

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide