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”?
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Key Discovery Points: AI Says AI Will Replace Paralegals… But Not So Fast!
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?
Key Discovery Points: Even AI Experts Can Get Faked Out
Innovation in Second Requests: Data is Your Greatest Asset
Key Discovery Points: No Need to Be Leery About AI
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
eDiscovery Needs Digital Forensics for a Mobile World
Why Lawyers Can't Ignore eDiscovery
It's Time to Think About Data Mapping Differently
In Abrego-Garcia v. Noem, __ F.R.D. ___, 2025 WL 1166402 (D. Md. Apr. 22, 2025)(Xinis, J.), plaintiffs notified the Court of “seemingly intractable discovery disputes….” The case is before the District Court after the United...more
Mobile devices have fundamentally reshaped how we communicate, work, and live. With 91 percent of Americans owning a smartphone and spending nearly five hours per day on these devices, mobile devices have become integral to...more
The increasing sophistication of digital manipulation and AI-generated content has brought a new challenge to eDiscovery and legal professionals: fake evidence. From deepfakes and shallow fakes to fabricated emails, text...more
The digital age has transformed legal proceedings, making e-discovery a critical component of modern litigation and investigations. Maintaining the reliability and admissibility of digital evidence requires robust and...more
Over the past few months, we’ve been exploring how generative AI can transform trial preparation by analyzing complex litigation materials and producing sophisticated closing arguments. Our series began with an exploration of...more
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
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
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
In Tremblay v. OpenAI, Inc., 2025 WL 635335 (N.D. Cal. Feb. 27, 2025), plaintiffs, the requesting parties, sought to have input in determining search terms to be used by defendant, the producing party. Based on “the specter...more
Campbell v. Aberdeen Providing Ground Federal Credit Union, 2025 WL 608046 (D. Md. Feb. 25, 2025)(Bredar, J.), is an employment discrimination case. At its most general level, the holding was that “a litigant may not invoke...more
In 2025, technology holds a well-established place in the legal profession. And even though there are headlines about emerging tech itself being on trial, the pros of Artificial Intelligence (AI), Machine Learning (ML), and...more
Artificial intelligence is transforming how legal professionals work—and now, it’s shaping how judges approach their role in the courtroom. With the release of Navigating AI in the Judiciary: New Guidelines for Judges and...more
Our exploration of generative AI in trial preparation has demonstrated how Large Language Models can analyze complex materials to generate sophisticated closing arguments. We began by showing how to overcome traditional LLM...more
White-collar crimes present investigators with intricate challenges that require precision, expertise, and advanced technology. In today’s high-profile investigations, the stakes couldn’t be higher, with reputations,...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
In the case of Groves Inc. v. R.C. Bremer Mktg. Assocs. (No. 22 CV 50154, N.D. Ill. Nov. 22, 2024), Judge Iain D. Johnston denied the plaintiff’s spoliation motion without prejudice while offering valuable insight into the...more
The question of how to handle “modern attachments” has become a hot topic that’s swept the ediscovery landscape over the past year. Major litigation involving Uber Technologies has led to extensive conversations on how to...more
In our recent articles exploring how generative AI can transform trial preparation, we demonstrated how Large Language Models (LLMs) could analyze complex trial materials to generate sophisticated closing arguments. Our first...more
In Cooper v. Baltimore Gas and Electric Co., 2025 WL 404246 (D. Md. Feb. 5, 2025)(Coulson, J.), Ms. Cooper sued BG&E and another employer for sexual harassment and discrimination....more
In the digital age, the courtroom has evolved. It’s no longer just about physical evidence and eyewitness accounts. Today, digital evidence plays a crucial role in many legal proceedings. Enter the digital forensics expert...more
What happens when the clock runs out on critical evidence in a high-stakes patent infringement case? Join me, Kelly Twigger, as we unravel the intricate layers of electronic discovery through the compelling Beacon Navigation...more
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
On January 1, 2025, major changes to the Florida Rules of Civil Procedure took effect, transforming how civil cases are managed, litigated, and resolved. Rooted in four landmark Florida Supreme Court decisions issued in 2024,...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