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Electronically Stored Information e-Discovery Professionals Data Preservation

Association of Certified E-Discovery...

[Event] Early Involvement in the EDRM + Mastering Chat Data in eDiscovery - May 28th, Vancouver, BC, Canada

Early Involvement in the EDRM + Mastering Chat Data in eDiscovery: A Game-Changer for Legal Teams - Join us for a powerful session that will transform the way you approach litigation support and eDiscovery—from early...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

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

Association of Certified E-Discovery...

Properly Scoping an E-Discovery Project

This post is based on remarks recently delivered during the 12th Annual University of Florida E-Discovery Conference. With only 10 minutes during the conference to squeeze in this massive topic, we thought it may be useful to...more

EDRM - Electronic Discovery Reference Model

Trial Exhibit Management

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

Array

This Week in eDiscovery: Ethics in ESI Collection | Upcoming eDiscovery Events

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 February 23-March 1. Here’s...more

Association of Certified E-Discovery...

[Webinar] Linked Documents or Modern Attachments: Protocols to Minimize Risks in Preservation, Collection, and Review - March...

Whether you call them linked documents or modern attachments, the preservation, collection, and review of these records is a common challenge for e-discovery practitioners and this program will discuss why and how to minimize...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

EDRM - Electronic Discovery Reference Model

Another Approach to Drafting and Discovery of Litigation Hold Notices

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

Association of Certified E-Discovery...

[Webinar] Unique Solutions to the Hyperlinked Files Dilemma - March 5th, 10:00 am PST

In today’s cloud-centric workplace, hyperlinked files are fast replacing traditional attachments in emails and other communications, providing greater collaboration and improved data hygiene. However, the dynamic nature of...more

Pagefreezer

How to Capture Evidence on Facebook – Before it Disappears

Pagefreezer on

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

Hanzo

The complexity of Jira and Confluence data in eDiscovery—and how to tackle it

Hanzo on

Atlassian’s Jira and Confluence are powerful tools for collaboration, project management, and team alignment. However, when it comes to preserving and collecting data for legal or compliance purposes, they introduce unique...more

Minerva26

2024 eDiscovery Case Law Trends: Sanctions, Strategy, and the Shifting Legal Landscape

Minerva26 on

The legal landscape of ediscovery continues to evolve at a breakneck pace, driven by new technology, evolving communication platforms, and increasingly sophisticated judicial expectations. The 2024 case law on discovery has...more

Nextpoint, Inc.

Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?

Nextpoint, Inc. on

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

Kilpatrick

Spoiler Alert! Another Legal Update on Data Preservation and Spoliation Implications

Kilpatrick on

There appears to be a recent theme on this blog regarding data preservation and spoliation, and—not to spoil anyone’s appetite for this important topic—we are back with another one. And for good reason given the heightened...more

EDRM - Electronic Discovery Reference Model

Tailor FRE 502(d) Orders to the Case

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

EDRM - Electronic Discovery Reference Model

[Webinar] Workshop: Managing Data Overload and Complexity in Catastrophic Events - February 5th, 11:00 am - 12:00 pm CST

Data is generated faster than ever, and the magnitude of this reality is amplified during catastrophic events. The recent Los Angeles wildfires and other natural disasters bring to light the daunting challenge of managing an...more

EDRM - Electronic Discovery Reference Model

Fabricated Text Messages – – Some Lessons Are Never Learned

In Ex-Prosecutor Disbarred For Fabricating Harassing Texts – Law360 (Jan. 7, 2025), Thy Vo reported on a fabrication of evidence case. The decision, State of Colorado vs. Yujin Choi, No 24PDJ019, is not yet posted on Recent...more

EDRM - Electronic Discovery Reference Model

Modern Remote Mobile Collection: A Deep Dive into the Cellebrite-RelativityOne Integration

The increasing role of mobile devices in eDiscovery is undeniable, with recent data showing that 97% of eDiscovery cases now involve mobile devices. As mobile data grows in complexity, legal teams are tasked with handling...more

EDRM - Electronic Discovery Reference Model

Google Avoids Discovery on Discovery Based on Insufficient Foundation for Request

In Taylor v. Google LLC, 2024 WL 4947270 (N.D. Cal. Dec. 3, 2024), the court held that “plaintiffs have not shown a specific deficiency in Google’s document production or a factual basis to believe that Mr. Boyer’s (or anyone...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

Association of Certified E-Discovery...

Emerging Data Sources, Alternative Data Sources, Off-Channel Data – What is the Difference?

Data was once tangible and tactile. Managing physical files, paper documents, and standard records was relatively straightforward. Today, however, those sources have grown increasingly complex, emerging from various...more

Association of Certified E-Discovery...

The Power of Project Management: Using the 80/20 Rule in E-Discovery

The 80/20 Rule, also known as the Pareto Principle, is a guiding concept in project management. The rule posits that 80% of results stem from 20% of efforts. This principle has far-reaching implications for how project...more

Pagefreezer

Social Media Evidence Spoliation and Preservation

Pagefreezer on

There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more

EDRM - Electronic Discovery Reference Model

What “Expenses” Can a Non-Party Recover for Complying with a Discovery Subpoena?

In OL Private Counsel, LLC v. Olson, 2024 WL 4839277 (D. Utah Nov. 20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena....more

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