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
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
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
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
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
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
Teams private channels enable collaboration among a subset of a team’s members. While posts and messages exchanged on most Teams channels have historically been stored in the Exchange Online mailbox associated with the team,...more
With how much of our collective lives are experienced online, a trial that doesn’t include digital evidence may soon be the rare exception. Between the massive collection of data across commercial operations and the...more
It’s no secret that we are proponents of discovering consumer wearable device data in personal injury litigation. Although the subject is not new, there’s still “surprisingly little precedent” on the issue. Wearable...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
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
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
“Chain of custody” is a familiar concept for anyone working in law enforcement, legal practice, or investigations. It’s a foundational part of proving that evidence presented in court is authentic, unaltered, and admissible....more
Introduction: The Urgency and Promise of Generative AI in Law - The unprecedented rapid advancement of generative artificial intelligence (AI) worldwide presents the legal profession with a pivotal opportunity for...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
You may have asked a team member or associate to jot down notes during a Zoom call, only to find that they struggled to capture every key point while also actively participating in the discussion. Or perhaps you aimed to...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 May 4-10. Here’s what’s...more
In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a...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
In today’s legal landscape, investigations and discovery often involve processing thousands of complex documents. Traditional Optical Character Recognition (OCR) technology struggles with the varied document types legal...more
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