Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
False Claims Act Insights - Is DOJ Allowed to Share Privileged Documents with Whistleblowers in FCA Disputes?
eDiscovery case law disputes are in full bloom! In our April 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to proportionality of discovery requests, lack of cooperation...more
White-collar crimes present investigators with intricate challenges that require precision, expertise, and advanced technology. In today’s high-profile investigations, the stakes couldn’t be higher, with reputations,...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
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 January 19-25. Here’s what’s...more
The decision in Cook v. Meta Platforms, Inc., 2024 WL 251942 (N.D. Cal. Jan. 21, 2025), packs a lot into very few pages. In two instances, where Meta had offered a compromise solution, the court held Meta to that offer....more
[Editor’s Note: This article was first published December 4, 2024, and EDRM is grateful to Tom Paskowitz of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the author.]...more
Despite the dominance of Windows computers in corporate environments, an increasing number of companies are now integrating Apple Mac computers into their networks. Alongside this shift, the rise of BYOD (Bring Your Own...more
The purpose of a privilege log is to provide sufficient information for the recipient of the log to determine whether the withheld information is, at least on its face, privileged. In short: “Trust, but verify.” See,...more
Recent (and ongoing) amendments to the Competition Act have resulted in several new powers for the Competition Bureau, which may have significant and far-reaching implications for businesses in Canada. One such amendment...more
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel...more
We stand at the leading edge of a new wave of AI-enabled eDiscovery. In this webcast, we’ll explore how generative AI is transforming products and services for legal professionals....more
The Supreme Court of Maryland has amended Maryland Attorneys’ Rule of Professional Conduct 19-304.4(c) (Rule 4.4(c)). Maryland’s new rule prohibits an attorney from seeking privileged information from a third person. If...more
Join us as we turn the page on traditional eDiscovery with AUTONOMOUS REVIEWTM, Altumatim's game-changing, AI-powered solution that is rewriting the story of how law firms, corporations, and other organizations conduct legal...more
What is Document Review for eDiscovery? Let’s dive into the captivating realm of Electronic Discovery (eDiscovery) document review! (No, I am not being sarcastic!) This critical stage involves examining gathered documents to...more
Federal and state rules of civil procedure are intended to secure the just, speedy and inexpensive determination of every action. However, one activity that can thwart that goal is discovery, because the discovery process is...more
The dramatics of the Alex Jones trial have many litigators stirring about inadvertent disclosure of privileged information and what needs to be done to properly claw it back. The sheer volume of discovery that is exchanged...more
Drachman v. BioDelivery Sciences International, Inc., C.A. No. 2019-0728-LWW (Del. Ch. Aug. 25, 2021) - Drachman addresses the attorney-client privilege, certain exceptions thereto, including the Garner doctrine, and...more
In Xyngular Corp. v. Schenkel, a shareholder and director suspected that his colleagues on the board of directors were engaging in improper self-dealing, so he asked an IT department employee to download documents disclosing...more
It’s a Friday afternoon and your weekend is about to start…and yes - you guessed it…a last minute production request comes in and your plans are no longer the same. Because of court orders and agreed-upon deadlines,...more
Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...more
Have you ever tried to personally review 15,000,000 pages of electronic documents for privilege and relevance? There comes a time in the discovery process when manual, human review of documents is not only inefficient, but a...more
In 2019, the Missouri legislature passed Senate Bill 224 (SB 224), effectively revising Missouri’s discovery rules to align them with the Federal Rules of Civil Procedure. (See our 2019 post for analysis of SB 224’s changes...more
Identifying attorney-client privilege is one of the most costly and time-consuming processes in ediscovery. Since the dawn of the workplace email, responding to discovery requests has had legal teams spending countless hours...more
Big data sets are the “new normal” of discovery and bring with them six sinister large data set challenges, as recently detailed in my colleague Nick’s article. These challenges range from classics like overly broad...more
Collectively, we have sent an average of 306.4 billion emails each day in 2020. Add to that 23 billion text messages and other messaging apps, and you get roughly 41 million messages sent every minute. Not surprisingly, there...more