Key Discovery Points: Feasible Production of Contemporaneous Hyperlinked Files
Building the Case: Construction Litigation Essentials
The Modern Discovery Traps that Are Upending Cases
The "Lesser-Included" Email Debate: What Does Rule 34 Really Require for Production?
Key Discovery Points: If You Misrepresent, You Might Face a Forensic Event
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: Try to Reduce Blunderbuss in Requests for Databases in Civil Discovery
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Key Discovery Points: Lessons Learned from TikTok’s Redaction Fiasco
All Things Investigations: Episode 37 – Privileges in Document Production with Mike Huneke
Sitting with the C-Suite: eDiscovery Observations – Historical Lookback to 1990s and 2000s
So you are ready to divorce...what is the process?
Sitting with the C-Suite: In-House Counsel - Leveraging Text Classification to Problem Solve
Video | Tips for Managing the Preservation of Mobile Device Data
PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
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
The US Court of Appeals for the Ninth Circuit’s recent decision in Kalbers v. DOJ confirms that documents produced solely in response to a grand jury subpoena are protected from disclosure under the Freedom of Information Act...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
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
Some disputes do not warrant a lengthy and costly dispute resolution process. That is particularly the case where the issues in dispute or the facts of the matter are straightforward. Consequently, many of the leading...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
On 4 June 2025, the BVI Court of Appeal dismissed an appeal in Intimere Holdings Ltd & Hellicorp Investments Ltd v Katina Papanikolaou (BVIHCMAP2022/0031), confirming that a director’s right under section 100(1) of the BVI...more
Bermuda appraisal proceedings are treated as a quasi‑inquisitorial process. The Court must appraise “fair value” and ensure that the valuation experts and the Court have all relevant material....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
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
If you are involved in litigation or regulatory discovery, understanding what an ESI protocol is is essential. An ESI protocol is a written agreement that defines how electronically stored information will be identified,...more
If you are facing a lawsuit with extensive discovery obligations, understanding how federal rules govern the exchange of information is critical. Federal Rule of Civil Procedure 34 plays a central role in this process by...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
2025 ushered in several ESI developments affecting eDiscovery professionals. Courts have issued decisions addressing cutting-edge issues regarding AI-content. They include cases discussing preservation and production...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
In Mable v. Duke Energy, 2025 WL 3535057 (N.D. Fl. Nov. 18, 2025) the court overrule most of Duke’s objections and compelled a massive production consisting of for the period from September 17, 2020 through October 31, 2025,...more
This blog addresses two of the issues resolved in Toyota Motor Sales, U.S.A., Inc. v. Allen Interchange LLC, 2025 WL 3485862 (D. Minn. Dec. 4, 2025). Toyota moved to compel Allen to produce certain discovery....more
Case law is one of the strongest indicators of how courts expect discovery issues involving linked documents to be handled, and several notable rulings have addressed this topic....more
In the corporate setting, it can be difficult to distinguish between communications that are primarily business-related and those that are primarily legal. ...more
Over the past decade, the widespread shift to cloud-based platforms has introduced a new challenge into the legal discovery process: the emergence of modern attachments. What are Modern Attachments? Modern attachments...more
You just received a formal legal document demanding documents or testimony – and the clock is already ticking. Before you decide whether to comply, ignore it, or call an attorney, you need to understand exactly what you're...more
To ensure its ability to collect a commission, Apple’s rules have historically prohibited app developers from including links that would facilitate customers leaving the app to make a purchase elsewhere. This practice was...more
A few years ago, we wrote a piece about responding to civil investigative demands (“CID”) issued by regulators as part of their investigations into alleged violative business practices. Below, we discuss CIDs generally, steps...more
Discovery used to be pretty straightforward. Most of the data legal teams needed lived on email servers or shared drives, making it easy to find and manage. How times have changed. Now, information resides in an...more