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Data Collection Litigation Strategies

Klein Moynihan Turco LLP

Major CIPA Wiretap Decision!

California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the...more

Wiley Rein LLP

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

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On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand...more

Integreon

Top Document Review Challenges Facing Law Firm Litigators in 2025 – and How to Solve Them

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Litigants expect, and pay for, their legal team to focus on effective legal strategy and mission critical insights. Legal teams simply cannot spend vast amounts of their high value time navigating AI tools and tech platforms,...more

CloudNine

Exploring the Future of Legal Innovation at The Masters Conference: Thought Leadership in D.C. and Social Media in Discovery and...

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On Thursday, April 10, 2025, legal and technology professionals gathered at Arnold & Porter in Washington, D.C. for an inspiring day of discussion, collaboration, and community during The Masters Conference Thought Leadership...more

EDRM - Electronic Discovery Reference Model

“It Ends With Us”

In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake...more

Nextpoint, Inc.

You say “Modern Attachments,” I say “Hyperlinks” – Can’t We Just Link Up and Get Along?

Nextpoint, Inc. on

The question of how to handle “modern attachments” has become the hot topic that’s sweeping the ediscovery landscape this year. Major litigation involving Uber Technologies has led to extensive conversations on how to...more

Pierce Atwood LLP

Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

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On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more

Array

This Week in eDiscovery: How to Scope an eDiscovery Project | Is AI Discoverable?

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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 March 9-16. Here’s what’s...more

Association of Certified E-Discovery...

Properly Scoping an E-Discovery Project

This post is based on remarks recently delivered during the 12th Annual University of Florida E-Discovery Conference. With only 10 minutes during the conference to squeeze in this massive topic, we thought it may be useful to...more

EDRM - Electronic Discovery Reference Model

Uber Technologies – Another Hyperlink Decision

In In Re: Uber Technologies, Inc. Passenger Sexual Assault Litigation, 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties’ ESI Protocol.  While...more

Foley & Lardner LLP

Leveraging Artificial Intelligence to Reach Favorable Settlement Outcomes

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“We’ve been sued” — words few want to hear. Being served with an unexpected lawsuit can throw your entire organization into disarray. Even expected litigation can leave you scrambling to figure out next steps. Yet, these days...more

Adler Pollock & Sheehan P.C.

Advantages and Limitations of Dash Cam Footage in Motor Vehicle Accident Cases

In recent years, more and more businesses and individuals are using dash cameras in their vehicles. These cameras generally point forward through the windshield of a vehicle and record footage which can be saved and accessed...more

Minerva26

The Cost of Ignoring Mobile Device Discovery

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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

Robinson+Cole Data Privacy + Security Insider

Trap and Trace Litigation: Why is this a Trend for Plaintiffs’ Attorneys?

Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing trend for plaintiffs’...more

Epiq

Mass Tort Claims and Data Management Systems and Technology:  The Need for Speed, Visibility, and Standardization

Epiq on

In mass tort litigation, selecting the right data management platform is a critical decision.  It ensures efficiency and accuracy in handling and analyzing vast amounts of data – sometimes millions of documents – enabling...more

Association of Certified E-Discovery...

Navigating AI in the Judiciary: What E-Discovery Professionals Need to Know

Artificial intelligence is transforming how legal professionals work—and now, it’s shaping how judges approach their role in the courtroom. With the release of Navigating AI in the Judiciary: New Guidelines for Judges and...more

EDRM - Electronic Discovery Reference Model

Another Approach to Drafting and Discovery of Litigation Hold Notices

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more

Pagefreezer

How to Capture Evidence on Facebook – Before it Disappears

Pagefreezer on

On January 7th, 2025, Meta announced they will be making major changes to content moderation policies on all their owned platforms, including Facebook: ending third-party fact-checking in the US in lieu of a new "Community...more

Minerva26

2024 eDiscovery Case Law Trends: Sanctions, Strategy, and the Shifting Legal Landscape

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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

Troutman Pepper Locke

Streamlining eDiscovery: The Case for Supervised Collections and Custodial Interviews

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Despite the many technological advances in the collection, processing, and review of electronically stored information, it remains vital to conduct custodial interviews focused on data identification to confer a litigation...more

Fishman Haygood LLP

Testing 1-2-3: Using Focus Groups, Mock Trials, and Shadow Juries in Your Trial Strategy

Fishman Haygood LLP on

Jury testing is a powerful tool in litigation, and attorneys would be well served to think about their cases as studies worthy of experimentation. Cases are not mysteries to be solved; they are a series of testable questions...more

Minerva26

The Perils of Self-Collection in eDiscovery: What Litigators Need to Know

Minerva26 on

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

Lasher Holzapfel Sperry & Ebberson PLLC

Discovery: Civil Litigation’s Fact-Finding Mission – Part 1: Interrogatories

If you find yourself involved in civil litigation of any kind, the case will take up a significant part of your life. While your attorney will take on the heavy lifting, he or she will require your help to gather the facts...more

Array

This Week in eDiscovery: Nonprivileged Documents Attached to Privileged Communications | New Social Media Frontiers

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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 January 19-25. Here’s what’s...more

Minerva26

Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly

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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

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