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Array

This Week in eDiscovery: ESI Protocol Stops “Dump Truck” Production | Modern Attachment Challenges and Solutions

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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 April 13-19. Here’s what’s...more

Array

This Week in eDiscovery: Proving Discovery Production Errors | Our Legal Tech Predictions

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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 16-22. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Uber Technologies – Another Hyperlink Decision

In In Re: Uber Technologies, Inc. Passenger Sexual Assault Litigation, 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties’ ESI Protocol.  While...more

EDRM - Electronic Discovery Reference Model

Li. v. Merck Addresses: Trigger; Spoliation Discovery; and, Document Unitization

In Li v. Merck & Co., Inc., 2025 WL 429013 (N.D. Cal. Feb. 7, 2025), the court addressed a number of discovery disputes in a lawsuit by a terminated employee against her former employer....more

U.S. Legal Support

7 Ways a Records Retrieval Partner Can Increase Efficiencies

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The success of any legal team relies on precise, timely, and compliant access to records. Yet, the demands of managing this process internally can detract from focusing on critical casework. A dedicated records retrieval...more

Array

This Week in eDiscovery: Relativity Sets Server Deadline | Documents Lost in Translation?

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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

Lasher Holzapfel Sperry & Ebberson PLLC

Discovery: Civil Litigation’s Fact-Finding Mission – Part 1: Interrogatories

If you find yourself involved in civil litigation of any kind, the case will take up a significant part of your life. While your attorney will take on the heavy lifting, he or she will require your help to gather the facts...more

EDRM - Electronic Discovery Reference Model

Privilege Logs, Null Sets, Search Strings, and Number of Custodians in One Decision

The decision in Cook v. Meta Platforms, Inc., 2024 WL 251942 (N.D. Cal. Jan. 21, 2025), packs a lot into very few pages.  In two instances, where Meta had offered a compromise solution, the court held Meta to that offer....more

Minerva26

One Court's Novel Approach to Addressing the Gap Between Search Term Hits and Produced Documents

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Effective management of discovery disputes is critical in litigation, particularly as courts enforce stricter adherence to discovery deadlines. A recent decision in Valeo Schalter und Sensoren GmbH v. NVIDIA Corp. highlights...more

Minerva26

Can Parties Redact Text Messages for Relevance in Discovery?

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In today's fast-paced litigation landscape, electronically stored information (ESI) plays a critical role in shaping legal strategies and outcomes. Among the myriad sources of ESI, text messages have emerged as a critical...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for January 2025 - January 22nd, 1:00 pm - 2:00 pm ET

New year, new case law! In our January 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to whether emojis constitute contract agreement, privilege status of text messages,...more

Association of Certified E-Discovery...

The Critical Role of Manner of Production in Litigation

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

EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 4, 2024, and EDRM is grateful to Tom Paskowitz of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the author.]...more

Nextpoint, Inc.

Key Discovery Points: Lessons Learned from TikTok’s Redaction Fiasco

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This video kicks off Key Discovery Points, a new series covering ediscovery and legal tech news and current events. Brett Burney of Nextpoint joins Doug Austin of eDiscovery Today to discuss TikTok's recent redaction fiasco...more

Sands Anderson PC

Don’t Let the Document "Speak for Itself": Lessons from Lorenz v. Parker

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Before the Super Bowl, there are preseason drills; before the masterpiece, there are endless sketches. And before the trial, there is discovery. It is in these detailed, often overlooked moments that cases are won or lost....more

Association of Certified E-Discovery...

How the Default Settings for the Deletion of Text Messages Can Impact Sanctions

In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts...more

Association of Certified E-Discovery...

[Event] eDiscovery Convergence 2024: From Basics to Breakthroughs in eDiscovery - November 20th, Toronto, ON, Canada

Join Us for eDiscovery Convergence 2024! This event is proudly hosted by the Ontario Digital Evidence and eDiscovery Working Group (DEED) and the Toronto Chapters of The Association of Certified eDiscovery Specialists...more

EDRM - Electronic Discovery Reference Model

Court-Ordered Production of a “Destruction/Unavailable” Log

I have never heard of a “destruction/unavailable” log; however, in the comprehensive – indeed, exhaustive – decision of Leprino Foods Co. v. Avani Outpatient Surgical Center, Inc., 2024 WL 4488711 (C.D. Ca. Sep. 30, 2024),...more

Stoel Rives LLP

The Importance of Staying Organized for Discovery

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Most companies, hopefully, have a low risk of litigation. However, when litigation is unavoidable, it is important to be as prepared as possible to mitigate expenses and potential liability. Discovery—the process of...more

Association of Certified E-Discovery...

[Event] Bridging Communication Gaps in E-Discovery: Are We All Speaking the Same Language - October 22nd, New York, NY

ACEDS New York and BakerHostetler invite you to join us for a lively discussion among panelists representing various stages of the E-Discovery process. This event will convene leading professionals from diverse segments of...more

Association of Certified E-Discovery...

Are Hyperlinked Files the Same as Attachments? A Court Weighs In on eDiscovery Challenges

A recent decision from the Northern District of California, UAB “Planner5D” v. Meta Platforms, Inc. addresses a growing challenge in ediscovery: whether hyperlinked files embedded in emails and other documents are the same as...more

EDRM - Electronic Discovery Reference Model

Self-Collection, Discovery About Discovery, and Curative Sanctions

EEOC v. Formel D USA, Inc., 2024 WL 4172527 (E.D. Mich. Sept. 12, 2024), addressed several interesting issues. Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery;...more

Association of Certified E-Discovery...

Worried About Waiving Privilege via Inadvertent Production? You’ll Want to Read This.

In this week’s Case of the Week, I dive into a critical decision from FTC v. Amazon.com, Inc. (August 1, 2024), which underscores the precarious nature of privilege in document production—particularly in the context of...more

EDRM - Electronic Discovery Reference Model

Possession, Custody, or Control of Responsive Information by States Suing Meta

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. Cal. 2024), applies the “legal control” standard to Fed.R.Civ.P. 34 discovery...more

HaystackID

[Webinar] 6 AI Workflows to Enhance ESI Discovery - September 18th, 11:00 am CDT

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Legal professionals in cybersecurity, information governance, and eDiscovery face escalating data volumes, data security challenges, high eDiscovery costs, and information management inefficiencies. With AI-enabled workflows,...more

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