Why Lawyers Can't Ignore eDiscovery
A Sneak Peek into Data Mapping: What Implementation Really Looks Like
It's Time to Think About Data Mapping Differently
The AI Trust Test in eDiscovery
eDiscovery Tips: Helpful Questions to Ask Your Clients
30-Minute Workshop: Resume Clinic for EDiscovery Project Managers
To Unlock AI’s Power, Think Predictive to Generative
Work This Way: A Labor & Employment Law Podcast | Episode 15: eDiscovery for Employers with Angela O’Neal, Nextra Solutions Director
Calculating eDiscovery Costs: Tips from Brett Burney
eDiscovery for the Rest of Us: Why Small Firm eDiscovery Matters
Managing Large Scale Review Efficiency: Tips From a GC
No Password Required: American University’s Vice Provost for Research and Innovation and a Tracker of (Cyber) Unicorns
Using Technology in the Courtroom
The Great Link Debate and the Future of Cloud Collaboration
Why Your eDiscovery Program and Technology Need Scalability
#CaseoftheWeek with Kelly Twigger: Latin Markets Brazil, LLC v. McArdle
Podcast - Inteligencia Artificial
Systems And The Emergence Of AI In Law Practice | Ernie Svenson | Texas Appellate Law Podcast
What Does Artificial Intelligence Mean for Ediscovery Jobs? | Eye on ESI: A.I. Edition
Review Analytics for a New Era
[Editor’s Note: This article was first published April 17, 2024 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 the...more
In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more
A review of recent case law by EDRM Guardian Partner Exterro’s E-Discovery Case Law Project - Five or so years ago, legal professionals were hearing about “the end of sanctions.” Changes in the Federal Rules of Civil...more
This isn’t the 1990s: Email isn’t a new technology. By now, we all know that our work emails aren’t private, and most of us exercise some discretion in deciding what to “put in writing” in our business communications. We’ve...more
In DR Distributors LLC v. 21 Century Smoking, Inc, v. CB Distributors, Inc. and Carlos Bengos, 2021 WL 185082, No. 12 CV 50324 (1/19/2021), Judge Johnston of the Northern District of Illinois, granted Plaintiff’s motion for...more
A potential pitfall in navigating a litigated, or potentially litigated claim, is not properly preserving evidence. Attorneys and parties must preserve potentially relevant evidence when they know or should know, that a claim...more
In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more
Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance...more
Pursuant to Federal Rule of Civil Procedure 37(e)(2), imposition of the most severe sanctions for failure to preserve relevant electronically stored information — a presumption that the information lost was unfavorable, an...more
Is eDiscovery Existing in a Post-Sanctions World? The short (and obvious) answer is no. Rule 37(e) isn’t going anywhere. But recent case law indicates a trend where sanctions seem to be harder to come by, which may play...more
This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the...more
Two Recent Cases Highlight the Spoliation Thresholds in Rule 37(e) - With the 2015 FRCP amendments quickly nearing a half-decade in existence, case-law continues to define how these rules are upheld in court, especially...more
Whether we like it or not, a reality of today’s world is that often important business is conducted by text messages. And so, when it is time to issue a litigation hold notice, you must include an instruction to preserve text...more
You may have read my colleague Starling Underwood’s post on two recent Second Circuit decisions discussing sanctions for spoliation. If you have not, I encourage you to read it here. The two cases Starling addressed, one...more
Cell phones have been around for a long time, but preserving the data they contain for discovery purposes is still often overlooked or avoided due to expense and inconvenience. Two recent decisions highlight the importance of...more
...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more
The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
It was a tragedy. The 1977 plane crash that killed Ronnie Van Zant and Steven Gaines almost ended the band Lynyrd Skynyrd forever. In the wake of the crash, the survivors swore an oath never again to perform as “Lynyrd...more
Late last month, in Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., the Second Circuit affirmed a $2.7 million sanctions award against defendant ePRO after repeated instances of discovery misconduct. Finding that the district...more
Every company that uses email or stores files electronically (i.e. every company) finding itself in litigation must comply with increasingly onerous discovery obligations. While electronic storage and transmission of data...more
The eighth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more