Key Discovery Points: Don’t Rush in as an AI Fool!
Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Brooklyn District Attorney Eric Gonzalez – Innovative Approach to Safety
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
What are Some of the Concerns With Applying AI to Document Review?
Biggest Benefits of Applying AI to Document Review
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)
Key Discovery Points: Even AI Experts Can Get Faked Out
Innovation in Second Requests: Data is Your Greatest Asset
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
How Attorneys’ Views on AI Are Impacting eDiscovery
Key Discovery Points: Get Your Objections In Early – and Keep Your Filings Succinct
Key Discovery Points: Lessons Learned from TikTok’s Redaction Fiasco
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
No need for blarney, we have six great cases! In our March 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to sanctions over spoliated video evidence, quashing subpoenas of...more
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 12-18. Here’s what’s...more
The construction industry faces unique challenges in eDiscovery, from managing vast data volumes to protecting sensitive communications and plans. HaystackID®’s upcoming webcast will explore practical and advanced artificial...more
In OL Private Counsel, LLC v. Olson, 2024 WL 4839277 (D. Utah Nov. 20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena....more
[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more
In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion...more
Earlier this week, the Ninth Circuit in Jones v. Riot Hospitality Group, 2024 WL 927669 (9th Cir. Mar. 5, 2024) affirmed the dismissal of an employee’s claims against her employer and found that terminating sanctions...more
[Editor’s Note: This article was first published January 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more
It’s never too early in the year for eDiscovery case law! Our January 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses Rule 45 subpoena requests, in-camera review and categorical privilege logs,...more
Join Mary Mack ,CEO and Chief Legal Technologist, EDRM, Tom Gricks, Lead Strategy Consultant, OpenText, and Tracy Drynan, Principal Consultant, OpenText, for an interactive discussion. Bring us your most challenging use...more
If your organization is served with a third-party subpoena to produce evidence, your first response might be to break out in a cold sweat. The word “subpoena” is a loaded term, and an instinctive pang of panic is common. But...more
Navigating modern data is no longer just for civil litigants, and regulators increasingly request non-traditional ESI. Lawyers, vendors, and companies facing government subpoenas and document requests need to consider how to...more
Our May monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional disputes, disputes over forensic imaging, the use of file “shredder” software and...more
eDiscovery Case Law disputes can be “taxing” for the courts, but they’re fun to discuss! Our April monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional...more
Ephemeral messaging applications are considered solutions for data protection and privacy concerns (Blink, And I’m Gone: E-Discovery Challenges and Considerations With Ephemeral Messaging). However, courts are wary of...more
Which comes first: the chicken or the egg? Oh, sorry, wrong question. Which comes first: the business communication platform or the ability to preserve, collect, and produce communications from that platform during...more
Introduction - The proliferation of data and the rise of affordable cloud computing services has led many companies and organizations to outsource their data storage to third parties, a practice that raises numerous issues...more
The world runs on digital. Courts and litigators must understand how digitization can affect their cases. This past October, the Sedona Conference released updated analyses to help legal professionals navigate and adapt to...more
In divorce and family law litigation, text, email and cell phone records are often important. In many cases, parties seek this evidence in discovery when it bears on relevant issues. Text, email and cell phone records can...more
NeLI is back! Register today and join ACEDS at the National eDiscovery Leadership Institute. Learn about E-Discovery developments from nationally recognized experts and connect with your local community! The ACEDS Kansas...more
New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more
Many questions arise during the discovery process: What type of data do parties need to preserve? How should they obtain, review, and disclose it? Are third-party subpoenas necessary? These are just a few things parties need...more
Historically focused on manually wading through large volumes of email and electronic documents, e-discovery is transforming in nuanced ways. Discovery of mobile devices, social media and other online applications raises...more
I have been waiting for a while to write about this issue, since it arose in an Enforcement case I handled for a client, and I wanted the matter to run its full course at FINRA before I started throwing stones. Sadly, there...more