Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
False Claims Act Insights - Is DOJ Allowed to Share Privileged Documents with Whistleblowers in FCA Disputes?
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today discuss key takeaways from Tremblay v. OpenAI, where the court denied plaintiffs’ proposed search terms for a third time. They...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 May 11-17. Here’s what’s...more
For litigants in foreign courts, 28 U.S.C. § 1782 has long been a promising, if finicky, tool to access discoverable materials by filing an ex parte application in U.S. federal district court. The statute provides certain...more
By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more
A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more
Commercial Division Rule 11-b governs a party’s obligation to produce a log of documents withheld on the basis of privilege. Enacted in 2014, Rule 11-b substantially streamlines the privilege log process by encouraging...more
Privilege logs are often considered back-burner items in complex litigation and not addressed until discovery deadlines draw near. However, paying attention to privilege logs early on can be a hidden factor in in a successful...more