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Electronically Stored Information Federal Rules of Evidence

EDRM - Electronic Discovery Reference Model

The Problem of Deepfakes and AI-Generated Evidence: Is It Time to Revise the Rules of Evidence? – Part Two

This is the conclusion to a two part article. Please read Part One first. There must be legal recourse to stop this kind of fraud and so protect our basic freedoms. People must have good cause to believe in our judicial...more

EDRM - Electronic Discovery Reference Model

The Problem of Deepfakes and AI-Generated Evidence: Is It Time to Revise the Rules of Evidence? – Part One

On April 19, 2024, the Advisory Committee on Evidence Rules for federal courts faced a critical question: Does AI-generated evidence, including deepfakes, demand new rules? The Committee’s surprising answer—’not yet.’ Was...more

Association of Certified E-Discovery...

Worried About Waiving Privilege via Inadvertent Production? You’ll Want to Read This.

In this week’s Case of the Week, I dive into a critical decision from FTC v. Amazon.com, Inc. (August 1, 2024), which underscores the precarious nature of privilege in document production—particularly in the context of...more

Array

This Week in eDiscovery: Clawback Procedures and Search Terms Versus TAR

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 August 26-September 1. Here’s...more

EDRM - Electronic Discovery Reference Model

Navigating a Shifting Landscape

An Interview with Dr. Maura Grossman by Kate Halloran - What do you recommend that law firms focus on when developing policies around the responsible use of AI? Firms must have a very clear idea of the scope of permissible...more

EDRM - Electronic Discovery Reference Model

ESI Protocol Dispute – “Modern Attachments” and the “Humpty Dumpty Issue”

In Re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, 2024 WL 1772832 (N.D. Cal. Apr. 23, 2024), resolved a dispute over so-called “modern attachments” based on impressive and comprehensive technical...more

Association of Certified E-Discovery...

Navigating the Complexities of FRE 502(d) and the Duty to Preserve in eDiscovery

In a recent exploration of the complexities surrounding the FRE 502(d) order and the intricacies of privilege in eDiscovery, we delve into the critical case of Lubrizol Corp. v. IBM Corp. This case shines a light on the...more

Esquire Deposition Solutions, LLC

Document Translation Challenges in Modern Litigation

The increasing globalization of business, through Internet-based commerce and the activities of multinational corporations, has made it more likely than ever that litigators in U.S. courts will be confronted with documents...more

Association of Certified E-Discovery...

Public vs. Private ESI as Evidence Best Practices

In the evolving landscape of the legal industry, the management of electronically stored information (ESI) has become a focal point of discussion and strategy. With the digitization of records and communications, legal...more

EDRM - Electronic Discovery Reference Model

Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video

Can a witness authenticate a video if the video contains images that the witness did not see?  In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record...more

EDRM - Electronic Discovery Reference Model

“ESI Protocol” v. “Discovery Plan”

“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs.  They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f).  After a Rule 26(f) conference, that...more

EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published November 15, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Association of Certified E-Discovery...

Technocat Tidbits: What are the Rules for eDiscovery?

In the beginning, there was paper. And lots of it. Seriously warehouses stacked with banker’s boxes as far as the eye could see. And the Federal Rules of Civil Procedure were designed to support paper discovery in the...more

DarrowEverett LLP

The Litigation of Metadata – Your Devices Are Watching You

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By using our smartphones, tablets and computers, we create and exchange a vast amount of electronic data every day, but what some may not know is that there is a whole other world of information hidden beneath the surface —...more

Association of Certified E-Discovery...

[Webinar] Practical Applications of eDiscovery Rules - December 14th, 1:00 pm - 2:00 pm EST

We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more

Hanzo

When it Comes to Using Screenshots as Evidence, It’s All About Authentication

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Complex data sources – such as chat messages or a SaaS application’s user interface – are called that for a reason in the world of ediscovery: namely because it’s challenging to reproduce the data in a way that’s useful for...more

Epiq

Five Significant eDiscovery Rulings from 2021

Epiq on

At the beginning of every new year, it is important for legal teams to reflect on key eDiscovery case law from the year before that will influence future processes and case strategy. In 2021, the U.S. courts handled a variety...more

TransPerfect Legal

Self-Collection and the Best Evidence Rule

TransPerfect Legal on

In a case that has particular salience in today’s era of social media, the Eastern District of Texas in Edwards v. Junior Sate of Am. Found., CIVIL NO. 4:19-CV-140-SDJ (E.D. Tex. Apr. 23, 2021), excluded screenshots and other...more

Esquire Deposition Solutions, LLC

Litigation Experts Encourage Wider Use of Privilege Protection Orders

Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...more

Lighthouse

Is Your AI Algorithm Admissible in Court? Some Things to Consider.

Lighthouse on

Increasing use of AI requires careful consideration by both legal practitioners and the courts.  Artificial Intelligence (AI) technology is becoming pervasive in our lives. There’s no doubt about it.  ...more

Reveal

Want to Avoid eDiscovery Pitfalls? Get Your Process in Order!

Reveal on

It’s almost a pop-culture cliche: someone is facing challenges and not getting immediate results, to which a more experienced person says, “Trust the process.” But often lurking deep in the origin of a cliche is a kernel...more

Association of Certified E-Discovery...

[Webinar] Generating Self-Authenticating Digital Evidence That’ll Hold Up in Court - October 8th, 1:00 pm - 2:00 pm ET

The submission of digital evidence traditionally required a sponsoring witness—something that could be time-consuming and expensive. Thankfully, as more and more online content, such as social media posts and chats, play a...more

Jackson Lewis P.C.

New Jersey Addresses Rising Use Of E-Discovery With ‘Safe Harbor’ For Inadvertent Disclosures

Jackson Lewis P.C. on

Under an amendment to New Jersey Rule of Evidence (N.J.R.E.) 530 (Waiver of Privilege by Contract or Previous Disclosure), a “safe harbor” is available effective July 1, 2020, to clients and attorneys who inadvertently...more

Hanzo

If You’re Not Requesting Slack Data in Ediscovery—or Preserving It—What Are You Waiting For?

Hanzo on

When you start an ediscovery project, are you explicitly asking your opponents to produce data from the collaboration application Slack? Are you looking for relevant and helpful data within your own Slack channels and...more

Reveal

Using Video Deposition Testimony for Opening Statements & Closing Arguments

Reveal on

Trial advocacy is a mix of law and theater, requiring a lawyer to know both the law and their audience. Attorneys must effectively argue their client’s case using the evidence and the jury instructions to show their client is...more

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