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 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
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
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
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
The 2021 Nichols v. Noom, Inc. case has left the issue of hyperlink production largely unresolved, even after almost three years. However, regulatory bodies have begun requesting hyperlinked documents in their inquiries,...more
Break the summertime blues with some red-hot eDiscovery case law disputes! Our June 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a case where discovery is “like watching...more
Most organizations and law firms have some sort of document management system that houses documents. These document management systems typically provide a way to organize documents by project or matter, preserve earlier...more
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
One of the most important emerging questions in e-discovery concerns how courts should treat emails containing hyperlinks that reference other documents. Should such emails be produced with a familial relationship, akin to...more
2021 has already ushered in a number of eDiscovery developments that clients and counsel should be aware of. These developments include new trends regarding the increasing incidence of court-ordered forensic exams, whether...more
As digital habits change and the shift to virtual work continues to evolve in business, new eDiscovery challenges will inevitably emerge. For example, litigators commonly debate over the use AI technology in eDiscovery...more
When I think of the evolution of discoverable sources of ESI in eDiscovery today, one rule of thumb for what I consider to be likely sources is by considering my own business practices and those of my colleagues. For example,...more
Riddle me this: Is a document that resides on your network and which you embed in an email via a hyperlink the functional equivalent of an attachment to that email? Magistrate Judge Katherine H. Parker, in a recent...more
Hyperlinked documents might be used like attachments, but this court isn’t ready to call them part of the family - The team at Hanzo is always trying to stay ahead of the curve of our clients’ needs. We’re constantly...more