News & Analysis as of

Electronically Stored Information e-Discovery

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

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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

Association of Certified E-Discovery...

Increases in Full-Time Employment and Salaries Noted at the End of Q1 2025

In our March Eye on ESI webinar, I had the privilege of leading a discussion alongside Michael Quartararo, President of ACEDS, Maribel Rivera, VP of Client Engagement at ACEDS, and our special guest Kelly Twigger, CEO of...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

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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 30-April 5. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

From Texts to Trials: The Impact of Mobile Data on eDiscovery Today

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

Minerva26

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

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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

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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

J.S. Held

Utilizing Digital Forensics Expertise in Intellectual Property, Copyright & Trade Secret Matters

J.S. Held on

Need Assessment, Vetting, and Identification of a Reliable Expert in the Digital Forensics Process - Whether your organization is looking for advisory and expert support for an internal investigation into allegations of...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

Minerva26

How Failing to Meet and Confer Effectively Can Lead to Sanctions

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If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more

Array

This Week in eDiscovery: Negotiated eDiscovery Protocols | Upcoming Webinar on Modern Attachments

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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 23-29. Here’s what’s...more

Reveal

Webinar Recap: Enhancing eDiscovery Processing and Early Case Assessments with Cloud Technology

Reveal on

Ryan Nichols kicked off the webinar with an overview of the latest product updates to Reveal’s web data processing platform. He also touched on how these advancements are addressing common problems often seen in the...more

Association of Certified E-Discovery...

Eye on ESI Highlights the Exciting Changes in the ESI Job Market

The February edition of Eye on ESI featured my regular cohost Michael Quartararo, president of ACEDS as well as our special guest Rose Jones, partner at Hilgers Graben Law Firm. Jones, who specializes in crisis management,...more

EDRM - Electronic Discovery Reference Model

Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing Order that, absent good cause, parties “shall use” one of the...more

EDRM - Electronic Discovery Reference Model

Escaping Orwell’s Memory Hole: Why Digital Truth Should Outlast Big Brother

George Orwell warned us in his dark masterpiece Nineteen Eighty-Four how effortlessly authoritarian regimes could erase inconvenient truths by tossing records into a “memory hole”—a pneumatic chute leading directly to...more

Nextpoint, Inc.

You say “Modern Attachments,” I say “Hyperlinks” – Can’t We Just Link Up and Get Along?

Nextpoint, Inc. on

The question of how to handle “modern attachments” has become the hot topic that’s sweeping the ediscovery landscape this year. Major litigation involving Uber Technologies has led to extensive conversations on how to...more

Hanzo

Why keyword search isn’t enough for modern collaboration—Or how AI can help detect hidden relevance in digital conversations

Hanzo on

It goes without saying, workplace communication has transformed. Gone are the days when structured emails dominated business interactions. Today, collaboration tools like Slack, Microsoft Teams, and Google Chat have taken...more

Nextpoint, Inc.

Key Discovery Points: Timing is Mostly Everything in eDiscovery

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today dive into a recent court ruling in Riviera v. Costco Wholesale Corp. – where a plaintiff's request for an independent forensic...more

Ropes & Gray LLP

[Podcast] Multidimensional Data Reversion: E-Discovery Evolution—From Paper Trails to AI

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Welcome to Multidimensional Data Reversion, a four-part podcast series from Ropes & Gray’s Insights Lab where data analysis intersects with the law. On this first episode, join Shannon Capone Kirk, managing principal and...more

EDRM - Electronic Discovery Reference Model

How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

In Wilbert v. Pyramid Healthcare, Inc., 2025 WL 873947 (W.D. Pa. Mar. 20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery…....more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 1

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One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more

Cimplifi

Chess, Not Checkers: Data Collection Strategies in Complex Litigation

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Understanding data sources before complex litigation begins is essential to address the challenges associated with data preservation and collection. Complex cases often involve large volumes of data from a diverse set of...more

EDRM - Electronic Discovery Reference Model

ComplexDiscovery OÜ – Winter 2025 eDiscovery Pricing Report: A Market in Transition

In a year marked by technological innovation and market adaptation, the Winter 2025 eDiscovery Pricing Survey from ComplexDiscovery OÜ and the Electronic Discovery Reference Model provides a timely snapshot of pricing trends...more

Array

This Week in eDiscovery: How to Scope an eDiscovery Project | Is AI Discoverable?

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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 9-16. Here’s what’s...more

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