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Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
Cadwalader, Wickersham & Taft LLP

No Need to Pile On: Delaware Court of Chancery Rejects LLC Books and Records Demand After Unitholder’s Months-Long Investigation

In a recent decision, Thomas J. Scaramellino v. Arencibia Holdco, LLC, the Delaware Court of Chancery refused to allow the unitholder of a Delaware LLC to access “informal” LLC books and records—email, text messages, Slack,...more

EDRM - Electronic Discovery Reference Model

The $20 Test: What a Parking Lot Taught Me About AI and Legal Judgment

Every day, lawyers and judges the world over are asking ChatGPT and other AI tools to help them reason through complex ethical dilemmas, draft arguments, and make strategic decisions....more

Clark Hill PLC

Colorado Supreme Court clarifies when the duty to preserve evidence begins

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In Terra Management Group v. Keaten the Colorado Supreme Court held on June 23 that a “court may sanction a party for the destruction of relevant evidence if the party knew or should have known that (1) litigation was pending...more

Array

This Week in eDiscovery: Sanctions for Loss of ESI | Guidance on Databases in Civil Discovery

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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 period of July 6-12. Here’s what’s...more

HaystackID

AI Summaries in Google Discover: Rethinking Information Governance, Discovery, and Security

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In a bold initiative to integrate AI across various platforms, Google has launched AI-generated summaries in its Discover product, a personalized news feed widely accessible on Android and iOS devices. These AI summaries...more

Cooley LLP

Intellectual Property Disputes With Forensic Analysis Need Lawyers’ Involvement: Cooley’s Michael Berkovits

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Cooley’s Michael Berkovits says lawyers working on an intellectual property dispute should consult closely with forensic analysts and treat their findings as an investigative tool. Computer forensic analysis has become a...more

Proskauer - Minding Your Business

Mastering Deposition Designations in California: Best Practices for Trial Success

Some of the most critical evidence at trial comes in the form of deposition testimony from witnesses who are unable to testify live at trial. Done right, deposition designations can powerfully support your case. Done poorly,...more

Lowndes

Deposition Basics: What to Expect and How to Prepare

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As a litigator, I routinely prepare clients for depositions. A deposition is a pre-trial procedure where a party or witness in a legal case provides sworn testimony outside of a courtroom. A lawyer asks questions of the...more

EDRM - Electronic Discovery Reference Model

Panel of Experts for Everyone About Anything – Part Three: Demo of 4o as Panel Driver on New Jobs

This is the conclusion to the article, Panel of Experts for Everyone About Anything – Part One and Part Two. Here we give another demonstration of the software described in Part One. Part Two provided a demonstration where...more

EDRM - Electronic Discovery Reference Model

Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero...more

Esquire Deposition Solutions, LLC

New York Courts Promote Technology for Document-Heavy Litigation

There was a time not long ago when parties resisting a remote deposition would argue that their deposition was “document heavy” and thus unsuitable for remote proceedings. As recently as 2016, a leading treatise on commercial...more

Troutman Amin LLP

ANOTHER ONE???: Folsom Insurance Agency LLC Facing Sanctions After TCPA Discovery Loss By #BigLaw Counsel

Troutman Amin LLP on

Good lord another one? I can’t keep up with all the #biglaw losses. I mean, when was the last time ANY #biglaw firm won ANTHING in a TCPA case? My goodness. What a disaster. Here’s another one. In Bond v. Folsom Insurance...more

Cimplifi

Don’t Wait for 2028: Modernize Your eDiscovery Infrastructure Today

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In January, Relativity announced that Relativity Server will no longer accept new matters beginning in 2028. Recently, they reinforced that message with a clear call to action: the future of eDiscovery is in the cloud—and the...more

EDRM - Electronic Discovery Reference Model

[Webinar] 6 Keys to a Precise and Defensible ESI Collection Strategy - July 30th, 12:00 pm - 1:00 pm CDT

How do you direct your clients when it comes to collecting their potentially relevant data from computers, file shares, and mobile devices? It’s critical to provide clear and accurate instructions. You can’t leave it up to...more

J.S. Held

Navigating Cloud Forensics in Complex Investigations

J.S. Held on

Introduction: Understanding Cloud Data in the Modern Digital Landscape - In today’s hyper-connected digital world, we interact with vast amounts of data, much of which isn’t stored locally on our devices but instead...more

Purpose Legal

AI in eDiscovery Today: An Open Conversation

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AI in eDiscovery Today: An Open Conversation In this energizing episode of the Purpose Legal podcast, Jeff Johnson, Chief Innovation Officer at Purpose Legal, sits down with Jim Sullivan, CEO of eDiscovery AI, for a candid,...more

EDRM - Electronic Discovery Reference Model

From Volatility to Vision: June 2025 HSR Filings Show Steady Strategic Focus

ComplexDiscovery Editor’s Note: This report examines U.S. Hart-Scott-Rodino (HSR) filings through June 2025, which reached 1,519 transactions for the fiscal year to date, including 157 filings in June. Despite GDP contraction...more

Lighthouse

AI in Action: Improving TAR in Antitrust Matters

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Agility, precision, and the ability to stay ahead of the curve are everything in antitrust. In this Q&A, Lighthouse experts Kamika Brown (Client Success Manager, Antitrust) and Fernando Delgado (Senior Director, AI &...more

Redgrave LLP

Don’t Rush Past Relevance: Assessing the Discoverability of AI Prompts and Outputs

Redgrave LLP on

Much of the buzz about artificial intelligence (AI) in law has focused on its utility as a discovery tool rather than a potential source of discovery. While AI’s impact on discovery processes, such as reviewing and coding...more

Kilpatrick

Terms of Endearment - Effective Use of Search Terms in E-Discovery

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The development and use of search terms in e-discovery is a cornerstone of modern litigation. Properly crafted search terms enable legal teams to efficiently identify relevant electronically stored information (“ESI”) while...more

Pagefreezer

If You’ve Ever Asked Your Paralegal to Screenshot a Facebook Profile... Please Read This

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Most great attorneys didn’t get where they are alone. While the best attorneys are no doubt talented and deserving, most of them become so because they have a strong support network, hard at work in the background. And...more

Hanzo

Slack eDiscovery Tools: A Buyer’s Guide for Legal and Compliance Teams

Hanzo on

Slack has transformed the way modern organizations communicate. Conversations that once happened over long email threads now take place in fast-moving channels, private messages, and quick back-and-forth threads. While this...more

Brownstein Hyatt Farber Schreck

What Businesses Need to Know About Colorado’s New Pre-Complaint Preservation Standard

In a recent opinion, the Colorado Supreme Court set a new standard for preserving evidence even before litigation begins....more

EDRM - Electronic Discovery Reference Model

Panel of Experts for Everyone About Anything – Part Two: Demonstration by Analysis of an Article Predicting New Jobs Created by AI

This is a continuation of the article, Panel of Experts for Everyone About Anything – Part One. Here in Part Two we give a demonstration of the software described in Part One. In the process we learn about new job types...more

EDRM - Electronic Discovery Reference Model

Document Content vs. Metadata in eDiscovery AI: A Clarification of Scope, Access, and Accuracy

Abstract - This article addresses a critical source of confusion in legal technology: the conflation of document content and metadata in generative AI tools for eDiscovery. Document content is the text and visual data you see...more

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