The "Lesser-Included" Email Debate: What Does Rule 34 Really Require for Production?
Key Discovery Points: If You Misrepresent, You Might Face a Forensic Event
Key Discovery Points: Stay Aware of the Bundled Metadata in Digital Photos!
Key Discovery Points: Who Possesses or Controls Documents in Slack?
Key Discovery Points: May The Sales Force Be With Your Hyperlinked Files
Key Discovery Points: Try to Reduce Blunderbuss in Requests for Databases in Civil Discovery
Key Discovery Points: Think About Who Has Control Over a Hyperlinked File
eDiscovery and Compliance Programs
Key Discovery Points: A Gentle Distinction for Agentic AI
Key Discovery Points: Exciting eDiscovery Sessions at ILTACON 2025!
Key Discovery Points: ESI Protocol Objection Denial Party
Key Discovery Points: Be a Team Player When It Comes to Production
Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Harnessing the Power of eDiscovery: The Revolution of AI and Technology in Litigation and Investigations - The Consumer Finance Podcast
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Key Discovery Points: Timing is Mostly Everything in eDiscovery
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
We’re thankful for a never-ending supply of eDiscovery case law! In our November 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to production of contemporaneous...more
I was recently in Chicago for Relativity Fest 2025 and completed a sunrise run around Navy Pier during the week. Let me be clear, I did NOT stay in town to participate in the 47th running of the Chicago Marathon. I did,...more
After in camera review of 46 documents, the court in Burge v. Teva Pharmaceuticals Industries, Ltd., 2025 WL 2846688 (D. Kans. Oct. 7, 2025), defined and applied the crime-fraud exception to the attorney-client privilege and...more
The volume of “documents” relevant to litigation and government investigations has exploded due to electronic data, leading to a significant shift in the discovery process. What once required a trip to a client’s filing...more
eDiscovery data doesn't have to be a tangled mess. As digital evidence grows more complex, legal professionals need tools that can cut through the chaos and create clear pathways to case success....more
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
ComplexDiscovery Editor’s Note: In a landmark decision that challenges the European Commission’s transparency standards, the General Court of the European Union has ruled against Commission President Ursula von der Leyen over...more
eDiscovery case law disputes are racing toward us! In our May 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to certification of production and discovery errors,...more
We the Protestors, Inc. v. Sinyangwe, 348 F.R.D. 175 (S.D.N.Y. Dec. 18, 2024), makes several important points about the relationship between ESI Protocols and redaction of produced documents....more
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 13-19. Here’s what’s...more
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
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
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
In today's fast-paced litigation landscape, electronically stored information (ESI) plays a critical role in shaping legal strategies and outcomes. Among the myriad sources of ESI, text messages have emerged as a critical...more
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
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
In complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In re Uber Technologies,...more
[Editor’s Note: This article was first published December 4, 2024, and EDRM is grateful to Tom Paskowitz of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the author.]...more
In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts...more
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 October 21-27. Here’s what’s...more
Join Us for eDiscovery Convergence 2024! This event is proudly hosted by the Ontario Digital Evidence and eDiscovery Working Group (DEED) and the Toronto Chapters of The Association of Certified eDiscovery Specialists...more
I have never heard of a “destruction/unavailable” log; however, in the comprehensive – indeed, exhaustive – decision of Leprino Foods Co. v. Avani Outpatient Surgical Center, Inc., 2024 WL 4488711 (C.D. Ca. Sep. 30, 2024),...more
The decision in EEOC v. Hooters of America, LLC, __ F. Supp. 3d __, 2024 WL 4362863 (M.D. N. Car. Oct. 1, 2024), opens with the court’s statement that: The parties jointly ask to extend the discovery deadline and continue...more