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Electronic Discovery Civil Remedies

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

Lively v. Wayfarer Parties/Baldoni – Requests to Seal, Unseal, and a “Bottom-Line Order”

Lively v. Wayfarer Studios LLC, 2026 WL 145483 (S.D.N.Y. Jan. 20, 2026), is the latest in a long line of discovery and other decisions in this matter. The court wrote: “Before the Court are various requests for sealing and...more

Integreon

How to Get the Most from Agentic AI for In-House Legal Teams: Quality Over Quantity

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Agentic AI is here for in-house legal teams. In simplest terms, it’s the latest evolution of AI and moves beyond behind the scenes passive assistance to action-oriented agents that once created can operate for you to plan,...more

Blake, Cassels & Graydon LLP

Spoliation de la preuve : La Cour suprême du Canada s’apprête à fournir des indications

Dans l’arrêt SS&C Technologies Canada Corporation c. Bank of New York Mellon Corporation, on s’attend à ce que la Cour suprême du Canada (la « CSC ») donne des indications nationales sur la spoliation — soit la destruction...more

Shumaker, Loop & Kendrick, LLP

"Preserving Privilege in Cyber Incident Response: What Recent Cases Teach and How to Structure Investigations from Day One"

Counsel and incident responders know the first 72 hours of a cyber incident are unforgiving. In the rush to triage, remediate, and notify, organizations can lose sight of a critical objective: preserving attorney-client...more

HaystackID

Information Governance for Enhanced Legal Hold Process and Improvement

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Editor’s Note: Legal hold failures are often judged with hindsight, as though preservation problems could be avoided with a simple tweak or a few words. Contributing author and seasoned eDiscovery attorney Phil Favro...more

Shumaker, Loop & Kendrick, LLP

"AI Notetakers in the Boardroom: Privilege and Privacy Considerations"

Businesses across many industries are racing to capture the value of artificial intelligence (AI) notetakers and meeting recording tools. The promise is obvious: faster follow‑ups, searchable records, and fewer dropped...more

Carlton Fields

No Password Required: CISO at RSA and Champion of a Passwordless Future

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Rob Hughes, the CISO at RSA, has more than 25 years of experience leading security and cloud infrastructure teams. In this episode, he reflects on his unconventional career path, from co-founding the original Geek.com and...more

TransPerfect Legal

Hear from the Judges: Generative AI and Other eDiscovery Challenges

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eDiscovery has become increasingly complex and costly. What once involved a few servers and email archives has become a vast network of cloud systems, collaboration tools, and AI-driven applications. As the volume and variety...more

StoneTurn

Five Essential Steps for Understanding Forensic Technology Investigations

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Digital evidence is fragile, complex, and constantly changing. This article outlines five essential steps in forensic technology investigations, explaining why deleted data may still exist, how cloud and device data differ,...more

Baker Donelson

Preserving the Attorney-Client Privilege in Third-Party Liability Claims: What Captive Groups Need to Know

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In the context of third-party liability claims, a familiar arrangement arises when an insurer retains defense counsel for its insured: the tripartite relationship among the insured, the insurer, and defense counsel. While...more

Thompson Coburn LLP

The Importance of Coordinated Oversight in Internal Health Care Investigations

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Internal investigations are an important component of an effective legal and compliance program within health care organizations. These investigations may arise from many varied situations ranging from patient complaints,...more

EDRM - Electronic Discovery Reference Model

Effective Advocacy 101 in the Age of eDiscovery and AI: A Guide for Lawyers and Their Clients

The fundamental building blocks of effective trial advocacy are remarkably unchanged, despite vast changes in how information is found, analyzed, and presented in courtrooms, hearing rooms, arbitrations, and mediations. In...more

Robinson+Cole Data Privacy + Security Insider

When Chats Become Evidence: Court Affirms Order Requiring OpenAI to Produce 20 Million De-Identified ChatGPT Logs

On January 5, 2026, the federal U.S. District Court for the Southern District of New York upheld two discovery orders requiring OpenAI to produce a sample of 20 million de-identified user logs from ChatGPT as part of...more

Hanzo

What Is Document Review?

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If you are involved in litigation, investigations, or regulatory compliance, you might be wondering what is document review? Document review is the process of examining documents and electronically stored information to...more

Hanzo

What Is an ESI Protocol?

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If you are involved in litigation or regulatory discovery, understanding what an ESI protocol is is essential. An ESI protocol is a written agreement that defines how electronically stored information will be identified,...more

Hanzo

What Is FRCP Rule 34?

Hanzo on

If you are facing a lawsuit with extensive discovery obligations, understanding how federal rules govern the exchange of information is critical. Federal Rule of Civil Procedure 34 plays a central role in this process by...more

Purpose Legal

Digital Forensics Expert Witnesses: Role, Responsibilities, and Courtroom Impact

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In modern litigation, digital evidence is rarely optional. Emails, mobile data, collaboration platforms, cloud activity, and system metadata now sit at the center of many disputes. When that evidence becomes contested, the...more

Hanzo

Pulse check 2026: How Legal Professionals Tackle Collaboration Data at Scale

Hanzo on

Most organizations now operate across multiple collaboration platforms at the same time. Recent technology adoption data shows that Microsoft Teams remains the most prevalent internal collaboration platform, but it is rarely...more

Association of Certified E-Discovery...

Carvana and the New Hyperlink Fight: “Contemporaneous” Isn’t Automatic—It’s Earned

Everyone’s finally past the first question on hyperlinked documents: yes, they’re discoverable. That debate is over. The real fight now is sharper—and it’s what makes the Carvana decision a must read: Originally Published...more

Troutman Pepper Locke

Legal AI in Practice: Firm Governance, Build vs. Buy Decisions, and Vendor Due Diligence — The Good Bot Podcast

Troutman Pepper Locke on

In this episode of The Good Bot, Brett Mason sits down with Leigh Zeiser, director of AI and automation at Troutman Pepper Locke, to unpack how the firm operationalizes AI responsibly. They discuss the firm's AI portfolio —...more

HaystackID

[Webinar] eDiscovery Lessons for 2026: Spotlighting the Top ESI Cases and Trends from 2025 - January 28th, 11:00 am - 12:00 pm CST

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2025 ushered in several ESI developments affecting eDiscovery professionals. Courts have issued decisions addressing cutting-edge issues regarding AI-content. They include cases discussing preservation and production...more

Integreon

eDiscovery Best Practices in the Pharmaceutical Industry

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Pharmaceutical companies generate vast data during drug development and regulatory processes, making eDiscovery complex due to data volume, sensitivity, and compliance. Efficient eDiscovery solutions are essential to manage...more

TransPerfect Legal

Inside the Mind of Corporate Counsel: Winning eDiscovery and Investigation Strategies

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How today’s in-house legal leaders are rethinking discovery, information governance, and collaboration in a data-driven world- The modern corporate legal department is navigating unprecedented complexity. Data volumes are...more

EDRM - Electronic Discovery Reference Model

Book Review: Jim Sullivan, “The Book on AI Doc Review”

The thesis of the book is that “computers are capable of reviewing and classifying document better than humans. And that’s a big deal in eDiscovery.”...more

Amundsen Davis LLC

VESSA’s Expanded Recording Protections: What Illinois Employers Must Do Now

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Effective January 1, 2026, the Illinois Victims’ Economic Security and Safety Act (VESSA), as recently amended, now prohibits employers from disciplining employees for using company-issued technology such as phones, laptops,...more

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