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Key Discovery Points: A Gentle Distinction for Agentic AI [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down the key differences between Agentic AI and Generative AI – two technologies making waves in the legal tech world....more

Key Discovery Points: Exciting eDiscovery Sessions at ILTACON 2025! [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint sits down with Doug Austin of eDiscovery Today to unpack the hottest topics ahead of ILTACON 2025. From litigation response strategies to budget-friendly...more

[Webinar] Revisiting Hyperlinked Files: What’s changed, What’s new, and What’s Still a Hot Mess - August 19th, 1:00 pm - 2:00 pm...

A year ago, the three of us covered the landscape of “modern attachments” but since then we’ve been correctly persuaded to address them as “hyperlinked files.” We’re talking about those curious links to dynamic files and...more

Key Discovery Points: Detecting AI is Difficult and Tricky! [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today dive into one legal tech writer’s experiment with AI detectors, specifically ZeroGPT, to see if these tools can truly tell the...more

Key Discovery Points: ESI Protocol Objection Denial Party [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down a recent ruling in Hall v. Warren, where a federal judge shut down every single objection raised by the City of...more

Key Discovery Points: Be a Team Player When It Comes to Production [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down RIG Consulting, Inc. v. Rogers, where a court called a defendant’s failure to produce Teams messages and emails...more

[Webinar] 6 Keys to a Precise and Defensible ESI Collection Strategy - July 30th, 12:00 pm - 1:00 pm CDT

How do you direct your clients when it comes to collecting their potentially relevant data from computers, file shares, and mobile devices? It’s critical to provide clear and accurate instructions. You can’t leave it up to...more

Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today discuss how courts are beginning to address the challenges of AI-generated evidence, including deepfakes. Drawing from the...more

Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a court’s bold move in the Meta Pixel healthcare case – ordering the production of third-party cookie data tied to...more

Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a key ruling in Allergan v. Revance concerning "BYOD" – or "Bring Your Own Device" – policies. The court denied...more

Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time [Video]

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

Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down a key antitrust ruling in De Coster v. Amazon.com, where a judge ordered 54 of 85 documents reviewed in camera to be...more

Key Discovery Points: Do Your Best to Avoid Discovery Shenanigans! [Video]

In this Key Discovery Points video, Doug Austin of eDiscovery Today and Brett Burney of Nextpoint break down a sharply worded ruling from Judge Matthewman in 777 Partners v. Leadenhall Capital. After repeated delays,...more

Key Discovery Points: Be Willing to Agree and Compromise When It Comes to Hyperlinks [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today explore a key stipulation from the In re Uber Techs. Passenger Sexual Assault Litigation that’s reshaping the handling of...more

[Webinar] Sad Face, Happy Face, or Shoulder Shrug? How to Navigate Emojis in eDiscovery - June 10th, 12:00 pm - 1:00 pm CDT

How do you define this emoji... – is it referencing someone praying or a congratulatory high-five? What about this emoji... – is it a kissy face or someone whistling? Does your thumbs-up emoji mean “good job!” or “I agree to...more

Key Discovery Points: Don’t Rush in as an AI Fool! [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today explore how lawyers, once slow to adopt technology, are now eagerly embracing GenAI — often without understanding its risks....more

Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down the case Clayton Int’l, Inc. v. Neb. Armes Aviation, LLC, where the court ruled on sanctions for hard drive...more

Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”? [Video]

The question of how to handle “modern attachments” has become a major conversation in the ediscovery sphere over the past year. While traditional email attachments consist of a discrete, downloadable file, these "modern...more

[Webinar] A Winning Story: How to Use Technology to Build and Present a Compelling Case - April 29th, 12:00 pm - 1:00 pm CT

Behind every winning argument is a compelling story. But crafting that narrative is not as simple as piecing together a few pieces of evidence. Legal teams have to prepare for and take depositions, manage transcripts, conduct...more

You say “Modern Attachments,” I say “Hyperlinks” – Can’t We Just Link Up and Get Along?

The question of how to handle “modern attachments” has become the hot topic that’s sweeping the ediscovery landscape this year. Major litigation involving Uber Technologies has led to extensive conversations on how to...more

Key Discovery Points: Timing is Mostly Everything in eDiscovery [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today dive into a recent court ruling in Riviera v. Costco Wholesale Corp. – where a plaintiff's request for an independent forensic...more

Key Discovery Points: AI Says AI Will Replace Paralegals… But Not So Fast! [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today dive into Deep Research’s bold prediction: AI could replace paralegals – coming in at #5 on the list of replaceable jobs...more

Key Discovery Points: Even AI Experts Can Get Faked Out [Video]

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today explore a case in which an AI-generated court declaration included fake citations, shedding light on the dangers of...more

Key Discovery Points: No Need to Be Leery About AI [Video]

In their latest Key Discovery Points video, Brett Burney and Doug Austin address concerns about AI in the legal field, emphasizing that there is no need for fear. Drawing from Craig Ball’s publication, Practical Uses for AI...more

Key Discovery Points: Timing Sweet Spots for Spoliation Motions [Video]

In the case of Groves Inc. v. R.C. Bremer Mktg. Assocs. (No. 22 CV 50154, N.D. Ill. Nov. 22, 2024), Judge Iain D. Johnston denied the plaintiff’s spoliation motion without prejudice while offering valuable insight into the...more

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