Evidence Preservation: Handling the Issues in New York and New Jersey
After a marine casualty occurs, there will be many immediate actions for the relevant parties, including the vessel’s owner, manager, insurers, and counsel (“vessel interests”), to handle. This article is one in a series...more
Hybrid work isn’t new anymore — it’s the norm. Employees collaborate across offices, home workspaces, mobile devices, chat apps, and cloud platforms without thinking twice about how their actions complicate eDiscovery....more
Data breach class actions inevitably follow from nearly every major security incident. Here are seven things in-house counsel can do to prepare for litigation. 1. Create a Strong Foundation - Depending on the nature and scope...more
Historically, the concept of Electronically Stored Information (ESI) has long been synonymous with documents – emails, Word files, spreadsheets, and presentations. These traditional forms of ESI are static, discrete, and...more
On October 24, 2025, Vice Chancellor Laster of the Delaware Court of Chancery denied motions to dismiss in a high-profile challenge to asbestos trust data-retention policies, allowing asbestos defendants’ claims to proceed...more
In the fast-paced world of litigation, managing vast amounts of electronic information can feel overwhelming. Yet, understanding the eDiscovery Reference Model (EDRM) remains a cornerstone for legal teams seeking clarity,...more
Clear policies for managing collaboration platform videos and their AI-generated derivatives are becoming essential for enterprises navigating modern litigation risks. In this timely article, Phil Favro highlights two recent...more
Sanctions were imposed on plaintiff for breach of the duty to preserve certain communications in Cooper v. Balt. Gas & Elec. Co., 2025 WL 2774847 (D. Md. Sep. 30, 2025)(Rubin, J.)....more
In 2024, plaintiff Daniel Human sued Fisher Investments, alleging violations of the Telephone Consumer Protection Act, and bringing the case on behalf of a putative class. The defendant removed the case to federal court and...more
Editor’s Note: Preserving electronically stored information (ESI) remains one of the most critical, and often misunderstood, elements of the discovery process. As this HaystackID® article by Phil Favro shows, even large...more
GenAI Enters the Litigation Landscape - Generative AI tools like OpenAI’s ChatGPT and Anthropic’s Claude are transforming workplace productivity. However, their use creates new categories of electronically stored...more
Case law disputes are heating up! In our August 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to preservation of RAM data, forensic examination after discovery failures,...more
In Terra Management Group v. Keaten the Colorado Supreme Court held on June 23 that a “court may sanction a party for the destruction of relevant evidence if the party knew or should have known that (1) litigation was pending...more
In a recent opinion, the Colorado Supreme Court set a new standard for preserving evidence even before litigation begins....more
Evidence is a key battleground in virtually all patent litigation cases. As a Court designed to combine the best and most efficient features of the main EU national patent litigation systems, the Unified Patent Court (“UPC”)...more
In a recent decision, In re Facebook Inc. Derivative Litigation, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery imposed litigation sanctions on a former officer and director of Meta Platforms, Inc....more
On March 12, 2025, in the lawsuit Wal Mart Stores East, LP v. Pineda, Florida’s Third District Court of Appeal held that Wal Mart (Walmart) did not negligently or intentionally fail to preserve evidence and that an adverse...more
Disputes related to the relevance and accessibility of the data are one of the most common types of disputes regarding mobile devices. Another common type of dispute is typical with all sources of electronically stored...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
As mobile devices continue to integrate seamlessly into our professional and personal lives, the boundaries between business and personal data have blurred significantly. This evolution has introduced a host of legal...more
One thing leaders of organizations routinely recognize is that “you never know what tomorrow will bring.” Another common slogan is “life happens.” If “life” happens to bring the organization a situation that could expose the...more
In Stuart v. County of Riverside, 2024 WL 3086634, at *3 (C.D. Cal. Jun. 14, 2024), the District Court found a relationship between work product designations and triggering of the common-law duty to preserve....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 September 16-22. Here’s what’s...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 September 9-15. Here’s what’s...more
On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more