The Modern Discovery Traps that Are Upending Cases
Key Discovery Points: Think About Who Has Control Over a Hyperlinked File
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
The Growing Role of Social Media in Litigation and How to Prepare for It
Interesting eDiscovery case law rulings are heating up! In our May 2026 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to an emergency preservation and forensic collection...more
Key Takeaways - Courts are increasingly treating AI chatbot interactions as discoverable electronic records, with recent decisions confirming they fall under existing discovery rules....more
In today’s digital world, nearly every organization’s communications, decisions, and operations are documented in some form of electronically stored information (ESI)....more
In the realm of litigation, the concept of “spoliation” of evidence is a critical issue. Spoliation refers to the destruction or alteration of evidence that could be pertinent to a legal proceeding. A recent case decision...more
This series will serve as a lead up to MoFo’s upcoming Red Flags and Red Wine Tabletop program taking place in our Palo Alto office on May 7. Members of our Securities Litigation, Employment and Labor, and Capital Markets...more
Interesting eDiscovery case law rulings are blooming! In our April 2026 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to quashing a subpoena seeking ESI from LinkedIn, intent...more
On Jan. 15, the California Supreme Court clarified in City of Gilroy v. Superior Court of Santa Clara County the relief available under, and the duties imposed by, the California Public Records Act. Originally Published in...more
Juarez v. Wang, 2025 WL 2815298 (Pa. Super. Oct. 3, 2025) - The plaintiff tenants filed negligence claims against the defendant landlord stemming from a fire that occurred in their rented home. The landlord filed a motion for...more
The Ultimate Fighting Championship and two of its executives are crying “low blow” after a federal court judge ordered them to (1) give him all the communications between the two executives and their attorneys regarding the...more
After a marine casualty occurs, there will be many immediate actions for the relevant parties, including the vessel’s owner, manager, insurers, and counsel (“vessel interests”), to handle. This article is one in a series...more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. This month, we cover decisions addressing the requirement for a plaintiff to define trade secrets with sufficient particularity,...more
If you’re still treating text messages like “informal” evidence—something you’ll circle back to later, or something your client will “just keep”—Peddada v. Catholic Health Initiatives Colorado is your warning shot. ...more
Electronically stored information is now the backbone of virtually all litigated matters, regulatory inquiries, and internal investigations. Emails, mobile data, cloud platforms, collaboration tools, and system artifacts...more
Dans l’arrêt SS&C Technologies Canada Corporation c. Bank of New York Mellon Corporation, on s’attend à ce que la Cour suprême du Canada (la « CSC ») donne des indications nationales sur la spoliation — soit la destruction...more
Digital evidence is fragile, complex, and constantly changing. This article outlines five essential steps in forensic technology investigations, explaining why deleted data may still exist, how cloud and device data differ,...more
In SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, the Supreme Court of Canada is expected to provide national guidance on spoliation — the intentional destruction of relevant evidence to affect...more
What are the most important eDiscovery case law rulings of 2025? In our December 2025 EDRM monthly webinar of cases covered by the eDiscovery Today blog, we will revisit several of the great cases we’ve discussed this year,...more
The increasing use of AI-enabled meeting tools means that organizations are no longer dealing with a single minutes document, but a complex ecosystem of recordings, machine transcripts, AI summaries, decks and conventional...more
Conklin v. Wawa, 2025 WL 2237319 (Pa. Super. 2025) - The plaintiff tripped and fell on a floor mat near the beverage area in the defendant’s store. After the incident, a store employee reviewed surveillance footage from the...more
On October 24, 2025, Vice Chancellor Laster of the Delaware Court of Chancery denied motions to dismiss in a high-profile challenge to asbestos trust data-retention policies, allowing asbestos defendants’ claims to proceed...more
Infab Holdco, Inc. v. Cusick, 2022-0050-KSJM (Del. Ch. Jun. 9, 2025). In Delaware, the duty to preserve documents includes not just issuing a litigation hold but also complying with the hold’s requirements, including by...more
I was recently in Chicago for Relativity Fest 2025 and completed a sunrise run around Navy Pier during the week. Let me be clear, I did NOT stay in town to participate in the 47th running of the Chicago Marathon. I did,...more
Editor’s Note:Technology can be both an enabler and a liability—especially when it falters during the discovery process. In Oakley v. MSG Networks and FTC v. Match Group, the courts evaluated whether reasonable reliance on...more
In its “Order Granting Motion to Compel Disclosure Regarding Preservation Efforts,” a court recently wrote: “For all of the foregoing reasons, plaintiffs motion to compel disclosures regarding Amazon’s preservation[] efforts...more
One of the biggest sources of confusion for legal and compliance teams is knowing the difference between in-place preservation and archiving. Both strategies are critical for defensibility, but they serve very different...more