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Electronically Stored Information e-Discovery 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

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

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

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

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

Nextpoint, Inc.

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

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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

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

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

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 200 | Xen Hartzell sits down with Kaylee & Mary

Xen Hartzell, podcast producer and editor of the Illumination Zone, sits down with Kaylee & Mary to celebrate the Illumination Zone's 200th episode. Xen's fiction podcasts "Midst" and "Unend" have repeatedly topped global...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

New Battle of the Bots: ChatGPT 4.5 Challenges Reigning Champ ChatGPT 4o

Two AI heavyweights step into the ring: ChatGPT 4o, the reigning champion of fluency and speed, and the new challenger, ChatGPT 4.5, boasting an upgraded intellect and sharper wit. But which one is truly the best? To find...more

EDRM - Electronic Discovery Reference Model

The Final Challenge: How GenAI Crafted BP’s “Impossible” Closing Argument

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

EDRM - Electronic Discovery Reference Model

Transforming Challenges Into Opportunities: The Case for Durable Skills in 2025

In the Art of War, Sun Tzu teaches that “[i]n the midst of chaos, there is also opportunity.” As we enter 2025, the rapid changes in the legal and tech fields can feel overwhelming, like navigating through the fog of war....more

EDRM - Electronic Discovery Reference Model

Uber Technologies – Another Hyperlink Decision

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

U.S. Legal Support

The Evolution of AI in Litigation

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Although occasional murmurings about general AI reached the public during the 2010s, it was ChatGPT’s November ‘22 entrance onto the global stage that officially introduced the world to artificial intelligence....more

Lighthouse

All in the Family: What’s Next for Cloud Attachments in eDiscovery?

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Hyperlinked files, modern attachments, linked documents. No matter what you call them, they are now commonplace in the enterprise data landscape. Their treatment in litigation, however, remains a complex issue. In this...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

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 198 | Sergey Demyanov of Beagle sits down with Kaylee & Mary

Sergey Demyanov, Founder and CEO of EDRM Trusted Partner, Beagle, sits down with Kaylee & Mary to talk about his journey to eDiscovery, the core values of Beagle, what makes Beagle so different, and what kind of legal teams...more

EDRM - Electronic Discovery Reference Model

Requesting Parties Are Denied “Input” Into Producing Party OpenAI’s Search Terms

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

Pagefreezer

eDiscovery Costs: Social Media Evidence & The $90,000 Lesson

Pagefreezer on

These days, ignoring social media evidence in investigations and litigation is akin to leaving a crucial witness unquestioned. But as the case of Federico v. Lincoln Military Housing demonstrates, navigating this terrain can...more

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