Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
Aligning Business Goals with Legal Strategies Amid Regulatory Change – Speaking of Litigation Video Podcast
House Final Settlement Hearing: Key Insights and Future Implications for NIL — Highway to NIL Podcast
The 3 Core Themes of Trial Law: Tell Your Story
What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
The JustPod: Lawyer, Gentleman, and Counsel to the Stars: A Discussion with Brian McMonagle
The Subpoena Playbook
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Podcast - Real Justice for Real People
The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
(Podcast) The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
Key Discovery Points: Timing is Mostly Everything in eDiscovery
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)
There Is No Right Path
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Weathering the 2025 Whirlwind: How to Keep Calm & Carry On
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
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 February 16-22. Here’s what’s...more
In a fairly short opinion and order, the district court in Weston v. DocuSign, Inc. analyzed whether the parties were entitled to the production of text messages from former employees’ personal devices and potential piercing...more
Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI....more
Pretrial detention imposes several unreasonable burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution often gains access—without a warrant—to the defendant's telephone calls because...more
The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more
Here are the highlights from our webcast on ediscovery for Slack, Teams and other collaboration apps. Watch the webcast here. Let’s think back to April 2020. Apologies if that’s a time period you’d rather forget...more
In Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, Gregory V. Moeller, Growthworks, LLC, Michael Harradon, and Jon Moeller, the United States District Court for the District of Massachusetts entered a default...more
Fundamental to the due process of law is notice—a requirement that all parties are made aware that a lawsuit could alter their legal rights or duties. Most defendants will be served in person by a process server....more
In our last newsletter, we analyzed the reluctance of courts to apply privilege to the work of forensic computer consultants following data breaches. Here, we address often unavailing efforts to fit communications with...more
There is a nostalgic notion among traditional businesspersons that the best deals are sealed by a hand-shake (or an elbow in this COVID-19 world in which we live), and you don’t need fancy lawyers and contracts to be...more
A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting....more
Because electronic signatures have become more common in the business community, now is a good time to review some of the legal issues that arise in the use of electronic signatures....more
Judge Vince Chhabria of the Northern District of California handed down a strongly worded order denying a motion to seal alleged trade secret information, and sanctioning counsel for defendant for the frivolous request. ...more