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
In today’s cloud-centric workplace, hyperlinked files are fast replacing traditional attachments in emails and other communications, providing greater collaboration and improved data hygiene. However, the dynamic nature of...more
The Federal Trade Commission's Final Negative Option Rule ("Click to Cancel Rule") contains stringent new requirements for negative option programs, making it even more difficult to run compliant negative option offers....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 November 10-16. Here’s what’s...more
In the days of snail mail, people would use a paperclip to attach additional documents or material to a letter. Flash forward to the dot.com boom, and we described electronic mail and attachments using the same terms. Even...more
Afraid you won’t be up to date on important case law? Our October 2024 monthly webinar of cases covered by the eDiscovery Today blog will remove all your fears! During the webinar we will discuss disputes related to relevance...more
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision denying a defendant’s motion to compel arbitration, underscoring the importance of clear and conspicuous notice in online...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
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 September 16-22. Here’s what’s...more
Summary: Recent legal precedents on modern data are reshaping eDiscovery practices while generative AI is poised to cause further disruption. We explore rulings on hyperlinked documents and retention policies and dive into...more
The so-called “modern attachments” found in emails, collaboration software platforms like Slack and MS Teams, and other digital formats are presenting interesting and frustrating challenges for legal professionals in terms of...more
Have you ever given much thought to what constitutes a “family” of documents when producing electronically stored information (“ESI”)? Even if you are an E-discovery attorney, you very well may not have. After all, it is...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 week of June 3-9. Here’s what’s...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 week of May 27-June 2. Here’s what’s...more
eDiscovery case law disputes are heating up! Our June 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to discovery of hyperlinked documents, boilerplate objections, mobile device...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 week of May 20-26. Here’s what’s...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
As enterprise productivity platforms have evolved, so has the traditional email-attachment paradigm. Modern collaboration tools increasingly rely on the ability to share files without physically sending a copy to the...more
The Ninth Circuit Court of Appeals recently upheld a decision compelling arbitration based on an arbitration provision in website “terms of use,” even though those terms were in a hyperlink....more
January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more
High-quality content isn’t the only thing that matters when it comes to SEO. Inbound links are also a major element of a successful SEO strategy. Many digital marketers treat a linking strategy like an afterthought, when it...more
It’s not a heat wave, it’s a wave of hot eDiscovery case law disputes! Our August 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a motion to compel a forensic examination...more
An attachment is a meaty part of any email, right? Well, maybe. With companies heading in droves toward tools that store files online, the lines have gotten fuzzy. Online storage means that, instead of attaching...more
In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more
With so much emphasis on SEO, it can be easy to forget what happens once someone lands on your website. If you’ve done all your legwork through digital channels, you should have some pretty strong traffic coming to your site....more