Podcast - Every Case Is a New World
Law School Toolbox Podcast Episode 501: Listen and Learn -- Present and Future Estates (Part 1)
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 57 - Wired for Truth: The Art & Science of Polygraphs
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
Podcast - Connecting Separate Pieces of Evidence Clearly, Persuasively
5 Key Takeaways | Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal)
Podcast - The Basic Rules for Closing Argument
Closing Argument: Opportunity and Challenge
Podcast - Impeaching with a Deposition
Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast
Opening Statements: The Prohibition Against Argument
Proof in Trial: University of Louisville
Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton
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
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
If you find yourself involved in civil litigation of any kind, the case will take up a significant part of your life. While your attorney will take on the heavy lifting, he or she will require your help to gather the facts...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
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
[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
Before the Super Bowl, there are preseason drills; before the masterpiece, there are endless sketches. And before the trial, there is discovery. It is in these detailed, often overlooked moments that cases are won or lost....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
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
Most companies, hopefully, have a low risk of litigation. However, when litigation is unavoidable, it is important to be as prepared as possible to mitigate expenses and potential liability. Discovery—the process of...more
A recent decision from the Northern District of California, UAB “Planner5D” v. Meta Platforms, Inc. addresses a growing challenge in ediscovery: whether hyperlinked files embedded in emails and other documents are the same as...more
EEOC v. Formel D USA, Inc., 2024 WL 4172527 (E.D. Mich. Sept. 12, 2024), addressed several interesting issues. Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery;...more
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
[Editor’s Note: This article was first published August 21, 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...more
[Editor’s Note: This article was first published July 24, 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
The purpose of a privilege log is to provide sufficient information for the recipient of the log to determine whether the withheld information is, at least on its face, privileged. In short: “Trust, but verify.” See,...more
My esteemed colleagues, Kelly Twigger and Doug Austin, both posted about a recent discovery decision out of a federal district court in Florida, case no. 8:23-cv-102-MSS-SPF, styled, Byte Fed., Inc. v. Lux Vending LLC. and...more
[Editor’s Note: This article was first published June 18, 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 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
[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
Parties that have possession, custody, or control of evidence potentially relevant to U.S. litigation or investigations are typically required to identify, collect, preserve, and produce such evidence (with limited...more
[EDRM Editor’s Note: The opinions and positions are those of Craig Ball. This article is republished with permission and was first published on April 8, 2024.] Last week, I dug into Cloud Attachments to email, probing the...more