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
eDiscovery Needs Digital Forensics for a Mobile World
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
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
One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more
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
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 2-8. Here’s what’s...more
During a panel on trial practice at the recent Masters’ Conference in Los Angeles, moderated by Professor Shannon Bales, panelists emphasized the critical role of consistency—blending humor, real-world anecdotes, and...more
These days, ignoring social media evidence in investigations and litigation is akin to leaving a crucial witness unquestioned. But as the case of Federico v. Lincoln Military Housing demonstrates, navigating this terrain can...more
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
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
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
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
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
Curious about whether legal holds are protected by privilege? You won't want to miss this week's breakdown of a landmark decision in the Federal Trade Commission versus Amazon case. We explore the intricacies of Amazon's...more
Huntsman Int'l, LLC v. Benelux, C.A. No. N17C-11-242 MAA CCLD (Del. Super. Ct. Aug. 13, 2024). In the age of big data, discovery can extend beyond traditional documents and communications to myriad tools and databases....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 26-February 1. Here’s...more
We live in an era of ‘big data.’ According to the International Telecommunications Union, more than three-quarters of the world’s population own a mobile phone. The same statistics apply for computer and internet use....more
Having taught Federal Rule of Evidence 502 (FRE 502) in my law classes for over a decade, I felt I had a firm grasp of its nuances. Yet recent litigation where I serve as Special Master prompted me to revisit the rule with...more
Last week’s decision in Partners Insight, LLC v. Gill (M.D. Fla., October 28, 2024) tackles an often-overlooked yet essential aspect of ediscovery: manner of production. While much of our focus in ediscovery tends to be on...more
There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more
Document review, the most expensive part of the eDiscovery process, often poses a formidable challenge for litigation professionals, especially in large-scale, complex cases. This task is further complicated by the need to...more
The Masters Conference in Washington, DC, on April 17th, 2024, was a bustling event with crowded sessions throughout the day. The agenda featured a diverse range of topics, such as Modern Data, Link Files, eDiscovery Case...more
“Anybody else have something to say?” - Ted Lasso, S3 Ep 12 - Robert Burgett is a good neighbor. He keeps his yard tidy. And in the summer of 2010, in the rolling hills of eastern Kentucky near the town of Belfry,...more
The concept of corporate legal separateness has long been a fortress protecting affiliated business entities such as parents, subsidiaries, and sister companies from various kinds of liability and litigation. However, how...more
From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...more
The volumes of data involved in Multi District Litigation and Class Actions are exploding in both size and diversity, with no end in sight. Analysts project that the volumes of data being produced will double every two years,...more