News & Analysis as of

Data Preservation

Cimplifi

Chess, Not Checkers: Negotiating from a Position of Power

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ESI protocols have become an important tool for getting parties “on the same page” regarding how discovery will be conducted. While they aren’t necessarily appropriate for every case, they are a vital tool in helping to...more

Nelson Mullins Riley & Scarborough LLP

From Copyright Case to AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies’ Data Governance and eDiscovery...

The New York Times v. OpenAI litigation has garnered significant attention as a landmark copyright dispute; however, it has rapidly evolved into a global data privacy conflict that will inform how enterprises approach AI and...more

U.S. Legal Support

Early Case Assessment Best Practices

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The 34th President of the United States, Dwight D. Eisenhower, once told a captivated audience that ”Plans are worthless, but planning is everything.”...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 209 | Young Yu of HaystackID sits down with Kaylee & Mary

In the thirtieth episode of EDRM Trusted Partner, HaystackID’s monthly podcast series, Young Yu, VP of Advanced Analytics and Strategic Solutions, for our wonderful Trusted Partner, HaystackID sits down with Kaylee & Mary to...more

Pagefreezer

The Fragility of Chain of Custody in the Era of Digital Evidence

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“Chain of custody” is a familiar concept for anyone working in law enforcement, legal practice, or investigations. It’s a foundational part of proving that evidence presented in court is authentic, unaltered, and admissible....more

Jones Day

Orders to Preserve Evidence (“Saisies”) at the Unified Patent Court: Two-Year Roundup and Early Insights

Jones Day on

Evidence is a key battleground in virtually all patent litigation cases. As a Court designed to combine the best and most efficient features of the main EU national patent litigation systems, the Unified Patent Court (“UPC”)...more

Pullman & Comley, LLC

The Go-to Guide for Social Media Use During Divorce

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In today’s hyper-connected world, social media is an integral part of many people’s daily life — so much so that we often take it for granted. It’s where we share milestones, vent frustrations, and document even the most...more

TransPerfect Legal

[Webinar] eDiscovery 101 - June 25th, 12:00 pm - 1:00 pm ET

TransPerfect Legal on

In this CLE webinar, participants are introduced to the workflows and technologies commonly encountered during electronic discovery. Designed to provide a solid foundation in the Electronic Discovery Reference Model (EDRM),...more

Cimplifi

Chess, Not Checkers: Multi-case Strategies for Discovery

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It’s important to balance innovation in AI-driven processes with the human element to ensure a defensible approach to litigation that also maximizes the protection of sensitive data. We use the analogy of chess vs. checkers...more

Pagefreezer

How Social Media Evidence Is Reshaping Family Law

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The ubiquity of social media in our world is impossible to ignore. Over 5 billion people use social media globally in 2025, representing more than 60% of the world’s population....more

Troutman Pepper Locke

Microsoft 365 eDiscovery Updates‎

Troutman Pepper Locke on

eMerge recently hosted a webinar exploring the latest changes to Microsoft 365 Purview's eDiscovery solution. Our panel of attorneys and technologists examined the nature of these updates and discussed the preparatory steps...more

Association of Certified E-Discovery...

[Webinar] Preserve the Modern Web: Legal-Grade Collections for E-Discovery - June 26th, 10:00 am PDT

Join Page Vault and ACEDS for a live product showcase designed for e-discovery professionals who need fast, defensible ways to capture today’s ever-changing online content. From social media to dynamic websites,...more

Purpose Legal

How Digital Forensics Drive Smarter Investigations

Purpose Legal on

Forensic collection and analysis are the processes of gathering large quantities of data from electronic devices and Cloud based data sources, preserving them, and examining the information. Both law firms and corporations...more

Loeb & Loeb LLP

Court Orders OpenAI to Retain All Output Log Data: Considerations for ChatGPT Users

Loeb & Loeb LLP on

In the ongoing copyright infringement case brought by The New York Times against OpenAI and Microsoft (The New York Times Company v. Microsoft Corporation et al., Case No. 1:23-cv-11195 (S.D.N.Y.)), Judge Ona T. Wang recently...more

Hanzo

The 2025 Guide to Slack eDiscovery: All You Need to Know to Collect, Preserve, and Review Slack Data

Hanzo on

Slack has emerged as one of the most critical tools for modern workplace communication. Its intuitive design, seamless app integrations, and channel-based conversations have made it a staple for real-time collaboration. But...more

Lighthouse

ESI Protocols in the Age of AI: 4 Essential Questions for Modern Discovery

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With the evolution of AI capabilities and adoption outpacing procedural frameworks, its important to reevaluate your approach to ESI protocols. Learn about four key considerations that will help you to create effective and...more

Morgan Lewis

Key Themes and Actionable Insights from Recent eDiscovery Case Law – Q1 2025

Morgan Lewis on

Recent eDiscovery rulings from the first quarter of 2025 reveal courts grappling with redaction practices, cross-border data transfer tensions, evolving artificial intelligence (AI) usage in litigation, and increasing...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May 2025 - May 28th, 1:00 pm - 2:00 pm ET

eDiscovery case law disputes are racing toward us! In our May 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to certification of production and discovery errors,...more

Womble Bond Dickinson

Do Fireflies need to be preserved?

Womble Bond Dickinson on

AI notetakers, like Fireflies, record meetings and business conversations. While they may improve business efficiency, they also present new and unique challenges for compliance and records retention officials. With the...more

Cimplifi

Going Mobile: Traditional Challenges Associated with Mobile Device Collection

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Collecting data from mobile devices presents unique challenges that legal teams can’t afford to overlook. From rapidly evolving technology to privacy concerns, navigating mobile collections requires a thoughtful, defensible...more

Cadwalader, Wickersham & Taft LLP

Watch Out for Auto-Delete: Delaware Court of Chancery Sanctions Former Meta Officer for Deleting Personal Emails

In a recent decision, In re Facebook Inc. Derivative Litigation, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery imposed litigation sanctions on a former officer and director of Meta Platforms, Inc....more

Lighthouse

Cloud Attachments: What Every Legal and GRC Team Needs to Know

Lighthouse on

From our M365 Academy Series, learn about the current state of cloud attachments, their behavior in Teams and OneDrive, and why you may need to update your traditional preservation strategies to manage them. ‍...more

Association of Certified E-Discovery...

[Event] Early Involvement in the EDRM + Mastering Chat Data in eDiscovery - May 28th, Vancouver, BC, Canada

Early Involvement in the EDRM + Mastering Chat Data in eDiscovery: A Game-Changer for Legal Teams - Join us for a powerful session that will transform the way you approach litigation support and eDiscovery—from early...more

Nextpoint, Inc.

Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down the case Clayton Int’l, Inc. v. Neb. Armes Aviation, LLC, where the court ruled on sanctions for hard drive...more

Redgrave LLP

Evergreen Employee Training on Legal Hold Data Preservation: A Modern Organizational Necessity

Redgrave LLP on

The ever-changing landscape of data sources used in modern organizations presents significant challenges to data preservation and discovery compliance. Successful organizations address such challenges by ensuring that...more

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