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
Government investigations have evolved significantly, and agencies have adopted more sophisticated approaches to enforcement. This article identifies seven areas where deliberate planning, proactive negotiation, and...more
Artificial intelligence is no longer an emerging concept in e-discovery—it’s a working reality. Every day, legal and compliance teams are using AI to search smarter, classify faster, and review with greater precision. Yet...more
A trial court imposed a $10,000 sanction on attorneys for conducting juror research on a social media platform in a $174 million lawsuit. Elliot Weld, Alston & Bird Sanctioned $10K For LinkedIn Juror Research – Law360 (Oct....more
Imagine preparing for a complex commercial trial and generating both your opening argument and your opponent’s most likely opening in less than two hours. Imagine seeing exactly which evidence supports the opposition’s...more
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
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack Doug’s surprising real-life story involving a suspicious text, parking lot damage, and photo metadata that might just...more
Ruh-roh! Don’t let disorganized evidence sneak up on you: Unmasking the Truth with eDiscovery Chronology - In high-stakes litigation or investigations, legal teams are tasked with piecing together clues and following...more
Online content—from dynamic websites to fast-moving social platforms—can make or break a matter. Yet many legal teams still struggle to identify, preserve, and authenticate this evidence in a way that’s efficient, defensible,...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
Are you a law student, legal professional, or simply curious about the future of the legal industry? Join us for an eye-opening panel discussion that will demystify the high-tech, high-demand world of eDiscovery and Legal...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
Sanctions were imposed on plaintiff for breach of the duty to preserve certain communications in Cooper v. Balt. Gas & Elec. Co., 2025 WL 2774847 (D. Md. Sep. 30, 2025)(Rubin, J.)....more
The law has long adapted to include new participants. First, ships could be sued as if they were people. Later, corporations became legal entities, and more recently even rivers have been declared “persons” with rights. Now...more
Rossbach v. Montefiore became famous because a defense forensic expert proved that an emoji, which was allegedly displayed on plaintiff’s cell phone with a harassing text message, could not have been displayed on plaintiff’s...more
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack Hubbard v. Crow, a case where a court tackled the tricky issue of possession, custody, and control over a hyperlinked...more
Mobile data often holds the key to critical insights in legal and corporate investigations—but accessing that data isn’t always straightforward. In this session, we’ll introduce MSAB and XRY Pro, our advanced mobile forensics...more
What if justice had a shape — not rigid scales or a blindfolded figure, but a living, dynamic map? Imagine causation as a multidimensional space, where influence, control, and responsibility could be mapped across a moving...more
“After a one-day trial in the Circuit Court for Montgomery County, a jury found Craig Donnell Johnson guilty of robbery. Before trial, Mr. Johnson had filed a motion to dismiss the case, arguing that the State had withheld...more
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down RIG Consulting, Inc. v. Rogers, where a court called a defendant’s failure to produce Teams messages and emails...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
ComplexDiscovery Editor’s Note: President Trump’s signing of the GENIUS Act sets a new course for professionals in eDiscovery, cybersecurity, and information governance. By formalizing federal oversight of...more
Expect fireworks with this month’s eDiscovery case law disputes! In our July 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to improper boilerplate objections,...more
Much of the buzz about artificial intelligence (AI) in law has focused on its utility as a discovery tool rather than a potential source of discovery. While AI’s impact on discovery processes, such as reviewing and coding...more
In Hall v. Baltimore Police Dept., 2025 WL 1548560 (D. Md. May 30, 2025)(Austin, J.), the Court considered whether materials created many years after the underlying incident were protected under the work-product doctrine. The...more
ESI protocols have become an important tool for getting parties “on the same page” regarding how discovery will be conducted. While they aren’t necessarily appropriate for every case, they are a vital tool in helping to...more