News & Analysis as of

e-Discovery Litigation Strategies Electronically Stored Information

Pagefreezer

The Fragility of Chain of Custody in the Era of Digital Evidence

Pagefreezer on

“Chain of custody” is a familiar concept for anyone working in law enforcement, legal practice, or investigations. It’s a foundational part of proving that evidence presented in court is authentic, unaltered, and admissible....more

Nextpoint, Inc.

Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a key ruling in Allergan v. Revance concerning "BYOD" – or "Bring Your Own Device" – policies. The court denied...more

Array

This Week in eDiscovery: How a ‘Diligent Search’ is Not a ‘Reasonable Inquiry’ and Why it Matters

Array on

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 June 8-14. Here’s what’s...more

DarrowEverett LLP

Before You Hit ‘Record’: Legal Risks In Using AI Notetaking Tools

DarrowEverett LLP on

You may have asked a team member or associate to jot down notes during a Zoom call, only to find that they struggled to capture every key point while also actively participating in the discussion. Or perhaps you aimed to...more

EDRM - Electronic Discovery Reference Model

The Legal Ops Advantage: Why Smart Lawyers Don’t Go It Alone

Picture this: you’re in-house counsel, and your company’s just been sued. But you’ve seen this film before. You know (with reasonable certainty) how much it’ll cost to get from complaint to Rule 26, through discovery, motions...more

Array

This Week in eDiscovery: Objections to Court-Decided ESI Protocol Fall Apart

Array on

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 May 25-31. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

AI Can Improve Great Lawyers—But It Can’t Replace Them

The rise of legal AI has sparked a familiar fear: that our hard-won expertise might be absorbed into machines. That lawyers will be off-loaded—our reasoning encoded, commodified, and reduced to prompts. That we’ll be...more

Nextpoint, Inc.

Live from Legalweek 2025: Industry Leaders Kelly Twigger and Doug Austin Share Insights on AI Innovation, Industry Trends, and...

Nextpoint, Inc. on

At this year’s Legalweek, the Nextpoint team joined EDRM to host a “Live from Legalweek” webinar and connect with leaders across the legal tech industry. As part of the series, Brett Burney, Nextpoint’s eLaw Evangelist, sat...more

Array

This Week in eDiscovery: Be Careful What Your ESI Protocol Says

Array on

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 May 11-17. Here’s what’s...more

U.S. Legal Support

How AI Helps Streamline Medical Record Summaries

U.S. Legal Support on

When it comes to the “iron triangle” points of time, cost, and quality, we’re often asked to choose which one should be sacrificed. AI’s ability to streamline medical record summarization, however, is a shift that can benefit...more

Array

This Week in eDiscovery: What is a Document? Text Message Redaction Dispute Poses this Question

Array on

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 May 4-10. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

“This Was a Collective Debacle”

In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a...more

Lighthouse

ESI Protocols in the Age of AI: 4 Essential Questions for Modern Discovery

Lighthouse on

With the evolution of AI capabilities and adoption outpacing procedural frameworks, its important to reevaluate your approach to ESI protocols. Learn about four key considerations that will help you to create effective and...more

Array

This Week in eDiscovery: Motion for Tracking Cookies Crumbles

Array on

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 27-May 3. Here’s what’s...more

Troutman Pepper Locke

Harnessing the Power of eDiscovery: The Revolution of AI and Technology in Litigation and Investigations - The Consumer Finance...

Troutman Pepper Locke on

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Locke Partners Joseph DeFazio and Jason Manning, along with Alison Grounds, founder and managing partner of Troutman Pepper Locke’s...more

Minerva26

How Do Cookies and the Meta Pixel Impact Discovery—and What Must Litigators Know to Handle Them?

Minerva26 on

Cookies and pixels used to track user data on the internet are quickly becoming a source of ESI that litigators need to understand and consider how to handle in discovery. In In re Meta Pixel Healthcare Litigation, plaintiffs...more

Reveal

What Is eDiscovery? The Modern Lawyer’s Guide to Discovery

Reveal on

Discovery has always been a part of the legal process. It’s how both sides in a dispute exchange information—reviewing documents, asking questions, and surfacing the facts needed to argue their case. But as the world went...more

Array

This Week in eDiscovery: Smartwatch Data in Personal Injury Litigation | No Evidence, No New Search Terms

Array on

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 20-26. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Don’t be Kodak: A Parable About AI and the Legal Profession

I was speaking to Jack, an old friend and senior partner at a national law firm, late one afternoon. Our topic was how GenAI technology could handle a wide variety of litigation tasks in seconds—work that would otherwise...more

Minerva26

BYOD Battle Lines: What Allergan v. Revance Teaches About Discovering Evidence on Employees’ Personal Phones

Minerva26 on

Does your bring-your-own-device (BYOD) policy quietly wall-off the best evidence in your next case? A March 17, 2025 Special-Master ruling in Allergan, Inc. v. Revance Therapeutics, Inc. says it might—denying a motion to...more

EDRM - Electronic Discovery Reference Model

An ESI Protocol Saved the Day for the Discovering Party

In Pincus Law Grp PLLC v. MJ Connections, Inc., 2025 WL 1070384 (E.D.N.Y. Apr. 9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI...more

Array

This Week in eDiscovery: Why You Should Meet and Confer in Good Faith | Upcoming eDiscovery Webinar

Array on

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 30-April 5. Here’s what’s...more

Minerva26

eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions

Minerva26 on

Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery. In this riveting breakdown of...more

Kilpatrick

Crafting Customized ESI Agreements in E-Discovery: The Importance of Specificity of Document Production Formats

Kilpatrick on

In litigation, especially in dealing with E-Discovery, the importance of an effective electronically stored information agreement (“ESI Agreement”) between the parties is a must to help prevent discovery disputes. This is...more

EDRM - Electronic Discovery Reference Model

“It Ends With Us”

In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake...more

103 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide