Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
In a significant win for businesses fighting CIPA claims, a California federal court just held that searching sensitive health terms and distributing that information to third parties is not a legally protectable privacy...more
You’re in luck – we have eDiscovery case law! In our March 2026 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to waiver of attorney-client privilege on communications,...more
On 10 July 2025, following a comprehensive Staff Working Document published in September 2024, the Commission launched a public consultation to revise Regulation 1/2003. The exercise collected over 80 contributions according...more
For more than twenty years, and for many of us, Early Case Assessment has meant one thing: search terms. We interview custodians. We draft keywords. We run a search term report. We negotiate whether 75,000 or...more
Anyone who has conducted document review knows the frustration of keyword search. You craft what seems like a comprehensive list of terms, run your searches, and still miss documents you know should be there. The numbers...more
If you are involved in litigation or regulatory discovery, understanding what an ESI protocol is is essential. An ESI protocol is a written agreement that defines how electronically stored information will be identified,...more
A recent Pennsylvania Supreme Court ruling could have broad implications for internet privacy, and employers should take note. The state’s high court ruled in December that individuals do not have a reasonable expectation of...more
eDiscovery presents no shortage of complex and time-consuming challenges. This post covers the hardest of them all: working with Hebrew and Arabic search terms. Simply put, it's a nightmare. The combination of code-switched...more
On November 17, 2025, USPTO Director John Squires issued a memorandum introducing a new procedure allowing petitioners to submit a voluntary Search Disclosure Declaration (SDD) that explains the petitioner’s search strategy...more
In this episode, the thirty-fifth in a series, Nate Latessa, Chief Revenue Officer and Vice President of Advisory Services for EDRM Trusted Partner HaystackID, sits down with EDRM’s Mary Mack and Holley Robinson to update us...more
The Director of the US Patent and Trademark Office (USPTO) issued a memorandum announcing a new initiative aimed at improving examination quality and transparency in Patent Trial & Appeal Board proceedings....more
Editor’s Note: Courts continue to shape the evolving balance between emerging technologies and long-standing practices in eDiscovery. Recent rulings in Mosaic LLM, Tecfidera, and Soqui collectively highlight a critical...more
If your intellectual property firm isn’t optimized for modern AI search platforms, you’re missing critical opportunities during key moments of the client decision journey....more
The recent decision in Sievert Electric Service & Sales Co. v. Storako No. 22 CV 6380, 2025 WL 2084229 (N.D. Ill. July 24, 2025), offers important guidance for attorneys wrestling with electronic discovery obligations,...more
The legal industry is at a turning point. Traditional document review—once the cornerstone of eDiscovery—is being reimagined, not just streamlined. The future isn’t about doing review faster, it’s about doing it smarter, with...more
This article is the third in a series of “Search Term Translation for eDiscovery” blogs by Robert Wagner. Today we discuss the humble proximity search operator (W/###) and its role as a crucial tool for boosting search...more
On this episode of Ropes & Gray’s Insights Lab’s multi-part Multidimensional Data Reversion podcast series, Shannon Capone Kirk and David Yanofsky discuss how artificial intelligence and machine learning are being applied to...more
The development and use of search terms in e-discovery is a cornerstone of modern litigation. Properly crafted search terms enable legal teams to efficiently identify relevant electronically stored information (“ESI”) while...more
This article is the second in a series of “Search Term Translation for eDiscovery” blogs. This installment explores the technical aspects of translation and language services within the context of multilingual eDiscovery....more
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
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, a bill headed to the President’s desk may ease restrictions on cannabis research. Facebook and Instagram...more
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
As the privacy litigation landscape continues to take shape, search bars have quietly become a Trojan horse in online data collection, carrying new legal theories into the California Invasion of Privacy Act (CIPA) arena. The...more
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
Generative AI is quickly transforming many industries—including legal services. Many of us are already using (or at least experimenting with) Generative AI, with impressive results. Allow me to introduce the next leg in our...more