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Litigation Strategies e-Discovery Discovery

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

Baker Donelson on

In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

EDRM - Electronic Discovery Reference Model

“This Was a Collective Debacle”

In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a...more

Lighthouse

ESI Protocols in the Age of AI: 4 Essential Questions for Modern Discovery

Lighthouse on

With the evolution of AI capabilities and adoption outpacing procedural frameworks, its important to reevaluate your approach to ESI protocols. Learn about four key considerations that will help you to create effective and...more

Array

This Week in eDiscovery: Motion for Tracking Cookies Crumbles

Array on

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 27-May 3. Here’s what’s...more

Minerva26

How Do Cookies and the Meta Pixel Impact Discovery—and What Must Litigators Know to Handle Them?

Minerva26 on

Cookies and pixels used to track user data on the internet are quickly becoming a source of ESI that litigators need to understand and consider how to handle in discovery. In In re Meta Pixel Healthcare Litigation, plaintiffs...more

Reveal

What Is eDiscovery? The Modern Lawyer’s Guide to Discovery

Reveal on

Discovery has always been a part of the legal process. It’s how both sides in a dispute exchange information—reviewing documents, asking questions, and surfacing the facts needed to argue their case. But as the world went...more

Array

This Week in eDiscovery: Smartwatch Data in Personal Injury Litigation | No Evidence, No New Search Terms

Array on

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 20-26. Here’s what’s...more

Nextpoint, Inc.

Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down the case Clayton Int’l, Inc. v. Neb. Armes Aviation, LLC, where the court ruled on sanctions for hard drive...more

TransPerfect Legal

Search Term Translation for eDiscovery: The Art & Science of Getting the ‘Technical Translation’ Right

TransPerfect Legal on

When it comes to eDiscovery, term translation isn't just about converting words from one language into another. It's a highly specialized process that requires a nuanced understanding of both linguistics and technical search...more

EDRM - Electronic Discovery Reference Model

Don’t be Kodak: A Parable About AI and the Legal Profession

I was speaking to Jack, an old friend and senior partner at a national law firm, late one afternoon. Our topic was how GenAI technology could handle a wide variety of litigation tasks in seconds—work that would otherwise...more

Nextpoint, Inc.

Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?

Nextpoint, Inc. on

The question of how to handle “modern attachments” has become a major conversation in the ediscovery sphere over the past year. While traditional email attachments consist of a discrete, downloadable file, these "modern...more

Minerva26

BYOD Battle Lines: What Allergan v. Revance Teaches About Discovering Evidence on Employees’ Personal Phones

Minerva26 on

Does your bring-your-own-device (BYOD) policy quietly wall-off the best evidence in your next case? A March 17, 2025 Special-Master ruling in Allergan, Inc. v. Revance Therapeutics, Inc. says it might—denying a motion to...more

EDRM - Electronic Discovery Reference Model

An ESI Protocol Saved the Day for the Discovering Party

In Pincus Law Grp PLLC v. MJ Connections, Inc., 2025 WL 1070384 (E.D.N.Y. Apr. 9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI...more

Minerva26

Ready to File a Motion for Sanctions? Make Sure You Tell the Court.

Minerva26 on

Filing a motion for sanctions under Rule 37(e) requires a strong evidentiary foundation. But there's another factor that's just as critical — timing. Courts have broad discretion in how they handle sanctions, and...more

EDRM - Electronic Discovery Reference Model

“It Ends With Us”

In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake...more

Minerva26

How Failing to Meet and Confer Effectively Can Lead to Sanctions

Minerva26 on

If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more

EDRM - Electronic Discovery Reference Model

Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing Order that, absent good cause, parties “shall use” one of the...more

Nextpoint, Inc.

You say “Modern Attachments,” I say “Hyperlinks” – Can’t We Just Link Up and Get Along?

Nextpoint, Inc. on

The question of how to handle “modern attachments” has become the hot topic that’s sweeping the ediscovery landscape this year. Major litigation involving Uber Technologies has led to extensive conversations on how to...more

Nextpoint, Inc.

Key Discovery Points: Timing is Mostly Everything in eDiscovery

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today dive into a recent court ruling in Riviera v. Costco Wholesale Corp. – where a plaintiff's request for an independent forensic...more

EDRM - Electronic Discovery Reference Model

How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

In Wilbert v. Pyramid Healthcare, Inc., 2025 WL 873947 (W.D. Pa. Mar. 20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery…....more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 1

Cimplifi on

One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more

Association of Certified E-Discovery...

Properly Scoping an E-Discovery Project

This post is based on remarks recently delivered during the 12th Annual University of Florida E-Discovery Conference. With only 10 minutes during the conference to squeeze in this massive topic, we thought it may be useful to...more

EDRM - Electronic Discovery Reference Model

The Final Challenge: How GenAI Crafted BP’s “Impossible” Closing Argument

Over the past few months, we’ve been exploring how generative AI can transform trial preparation by analyzing complex litigation materials and producing sophisticated closing arguments. Our series began with an exploration of...more

EDRM - Electronic Discovery Reference Model

Uber Technologies – Another Hyperlink Decision

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

U.S. Legal Support

The Evolution of AI in Litigation

U.S. Legal Support on

Although occasional murmurings about general AI reached the public during the 2010s, it was ChatGPT’s November ‘22 entrance onto the global stage that officially introduced the world to artificial intelligence....more

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