Podcast - "Ready for Trial?"
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
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 January 19-25. Here’s what’s...more
Are emojis legally binding? Can they be used as evidence in court? The answer is complicated....more
In Taylor v. Google LLC, 2024 WL 4947270 (N.D. Cal. Dec. 3, 2024), the court held that “plaintiffs have not shown a specific deficiency in Google’s document production or a factual basis to believe that Mr. Boyer’s (or anyone...more
I was fortunate to moderate a webinar for ACEDS about proportionality and summarize the discussion below. You can listen to the entire program here. Proportionality in e-discovery is based on the objective of Rule 1 of the...more
As data volumes increase, the need to delete extraneous, irrelevant information is an essential component of modern information governance. Doing so defensively is at the heart of this process, and this presentation will...more
Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...more
The digital forensics landscape in the private sector is witnessing a metamorphosis. The relentless growth and diversification of data necessitates a paradigm shift in how organizations approach investigations. Fragmented...more
ComplexDisocvery’s Editor’s Note: This article underscores the growing significance of cyber diplomacy in the context of global security and international relations. As cyber threats become increasingly sophisticated and...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
CloudNine, a leading eDiscovery technology and services provider, is hosting an in-person "lunch and learn" discussion in Charlotte on April 23 from 12:30-2pm ET on how to grapple with the challenges of short message data...more
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel...more
Nextpoint and Tom O’Connor published a new edition of eDiscovery for the Rest of Us, a strategic and tactical resource for legal teams navigating the modern ediscovery landscape. The 2024 version features new content,...more
I always advocate for civility and cooperation in e-discovery. But, it may be prudent to expressly threaten a lawsuit in a preservation notice. It may also be cautious to avoid offering to settle a claim in that notice. If...more
eDiscovery is like the detective work of the legal world. Turning the mountain of ones and zeros of digital files into evidence in court. eDiscovery consists of identifying, collecting, processing, reviewing, and producing...more
eDiscovery has seen substantial transformation recently, characterized by the introduction of complex and continuously evolving data types. This shift has been primarily driven by rapid innovations in technology and the...more
The parties in In re StubHub Refund Litigation, 2023 WL 3092972 (N.D. Cal. Apr. 25, 2023), agreed to an ESI protocol that was incorporated into a court order. The protocol called for “modern attachments” to be produced with...more
1. SUMMARY OF INSIGHTS SO FAR. A scientist and tech lawyer impressions of ChatGPT, with emphasis on how it may impact the law going forward. a. RL - "These are ALMOST the Droids we’ve been looking for!" (i) Impressed by...more
In Doe v. Willis, 2023 WL 2918507 (M.D. Fl. Apr. 12, 2023), the plaintiff’s lawyer imposed an oral legal hold, telling her that she should not delete texts, throw away evidence, or post anything on Facebook, and: “That’s...more
The Justice Department finally released its new policy to improve corporate preservation of data generated by executives and employees. In this new technology era, companies have had significant gaps in collecting and...more
When people write about organizations that have a need for eDiscovery solutions, we think of law firms, corporations, service providers and government agencies. But when people write about government agencies and their...more
When it comes to a discussion of eDiscovery practices on this blog (and others, including my blog eDiscovery Today), the focus tends to be mostly on US practices and laws. Not only US laws, but our discussions tend to revolve...more
Last week on eDiscovery Today, I covered Andrew Haslam’s annual eDisclosure Systems Buyers Guide, which was published last week on Rob Robinson’s ComplexDiscovery site here. As you can imagine, it’s difficult to cover a...more
Ediscovery was once the sole concern of Big Law and large-scale litigation, but it is increasingly an issue in smaller cases for small and solo law firms. This excerpt from our small firm ediscovery White Paper is an...more
To better understand how technology continues to affect the legal industry, you just have to look at case law and the resulting court rulings, particularly in regards to eDiscovery and the Federal Rules of Civil Procedure...more
Editor’s Note: On September 15, 2021, HaystackID shared an educational webcast designed to inform and update cybersecurity, information governance, and eDiscovery professionals on how organizations can prepare, address, and...more