Key Discovery Points: Feasible Production of Contemporaneous Hyperlinked Files
Building the Case: Construction Litigation Essentials
Key Discovery Points: If You’re Planning to Submit GenAI Deepfake Evidence, Make Sure It’s Believable
The Modern Discovery Traps that Are Upending Cases
The "Lesser-Included" Email Debate: What Does Rule 34 Really Require for Production?
Key Discovery Points: Who Possesses or Controls Documents in Slack?
Key Discovery Points: May The Sales Force Be With Your Hyperlinked Files
Key Discovery Points: Think About Who Has Control Over a Hyperlinked File
Key Discovery Points: Do Your Best to Avoid Discovery Shenanigans!
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
You folks might remember I covered a story about ETN America and officer Shlomi Cohen being sued by the Wolf in a TCPA class action. ETN responded by issuing a press release doubling down on its TCPA compliance efforts, which...more
In AI Docs Sent By Exec To Attys Not Privileged, Judge Says – Law360 (Feb. 10, 2026), Pete Brush reported a bench ruling holding that “a Texas financial services executive accused of a $150 million fraud cannot claim...more
In Various Claimants v Standard Chartered plc [2025] EWCA Civ 1581, the English Court of Appeal considered when a party is entitled to withhold disclosure on the basis that documents are subject to foreign regulatory...more
The legal profession faces an unprecedented challenge in 2026: how to apply decades-old discovery rules to AI systems, ephemeral communications platforms, and automatically generated content that can run into the billions of...more
Discovery of structured data for litigation and investigations isn’t new, however, the proliferation of enterprise-wide database solutions and the storage of unstructured data formats in structured container files has...more
Editor’s Note: In this timely analysis, Phil Favro examines how courts are recalibrating long-standing “family production” concepts for a cloud-first discovery environment. As collaboration platforms replace traditional email...more
Two recent cases show that the “intensely practical” work product doctrine can protect a lawyer’s selection of intrinsically unprotected material — if the selection would give the adversary insight into the lawyer’s strategy...more
Love is in the air – for eDiscovery case law! In our February 2026 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to underlying source data for produced spreadsheets, in camera...more
Editor’s Note: The intersection of AI and electronic discovery has moved from theoretical concern to courtroom reality, and the legal profession’s response will define litigation practice for the next decade. HaystackID’s...more
Ninth Circuit Finds that the Sufficiency of a Trade Secret Disclosure in Discovery Is a Question of Fact - Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc., 149 F.4th 1081 (9th Cir. 2025) - The Ninth Circuit Court of...more
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today dive into a major ediscovery ruling in the Carvana case, where the Court made clear that cloud-based tools are no excuse for...more
If you’re still treating text messages like “informal” evidence—something you’ll circle back to later, or something your client will “just keep”—Peddada v. Catholic Health Initiatives Colorado is your warning shot. ...more
John Robert Wingate v. Blades Fire Company, IAB No. 1532362 (Oct. 29, 2025) - The claimant suffered a work-related injury to his back on January 28, 2023, resulting in the parties entering into a “Medical Only” agreement...more
Attorney-client privilege (which comes from a variety of sources, depending on the state and court) and work product doctrine (which rests on court rules in most jurisdictions) can both shield communications from discovery....more
The English High Court has dismissed a claim for an anti-suit injunction (ASI) by BHP Group (UK) Ltd and BHP Group Limited (collectively "BHP") against PGMBM Law Ltd, trading as Pogust Goodhead. ...more
Electronically stored information is now the backbone of virtually all litigated matters, regulatory inquiries, and internal investigations. Emails, mobile data, cloud platforms, collaboration tools, and system artifacts...more
In many, if not most, cases, a litigant producing documents aggressively claims privilege protection, presumably figuring that “there’s no harm in asking.” But sometimes there is. In Berkovec v. Blue Matrix I, LLC, Index...more
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
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
The Court of Appeal’s judgement in Various Claimants v. Standard Chartered plc is a significant decision on whether an English court may compel disclosure of documents that are confidential under foreign regulatory regimes –...more
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
This blog provides an update on the ongoing litigation involving Blake Lively and Justin Baldoni. If the original blog explored how this case began, this chapter is about what it has become....more
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
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
ditor’s Note: The past year marked an inflection point for eDiscovery. Courts confronted their first wave of AI-generated content disputes, sharpened expectations around validation and privilege, and revisited long-standing...more