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eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions [Video]

Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery. In this riveting breakdown of...more

How Failing to Meet and Confer Effectively Can Lead to Sanctions

If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more

One Court's Novel Approach to Addressing the Gap Between Search Term Hits and Produced Documents

Effective management of discovery disputes is critical in litigation, particularly as courts enforce stricter adherence to discovery deadlines. A recent decision in Valeo Schalter und Sensoren GmbH v. NVIDIA Corp. highlights...more

Can Parties Redact Text Messages for Relevance in Discovery?

In today's fast-paced litigation landscape, electronically stored information (ESI) plays a critical role in shaping legal strategies and outcomes. Among the myriad sources of ESI, text messages have emerged as a critical...more

Privilege Log, Privilege Log — It’s All About the Description

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

Understanding the Dominant Purpose Test for Determining Whether Privilege Applies

In complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In re Uber Technologies,...more

The Risks of Generative AI in Legal Research: Lessons from the First Discovery Case Involving ChatGPT Citations

The integration of generative AI tools like ChatGPT has sparked both excitement and concern within the legal community. While AI offers tremendous potential in automating routine tasks, its misuse can lead to severe...more

Still Using General Objections? See How One Party’s Use Led to Waiver

This week, we’re delving into the post-2015 landscape of discovery objections and the critical lessons from Bocock v. Innovate Corp., a case that serves as a stark reminder of the perils of general objections and the...more

Are Search Terms Useful for Social Media and Mobile Device eDiscovery?

[Editor’s Note: This article has been republished with permission. It was originally published November 9, 2023 on the eDiscovery Assistant Blog] In Episode 123, CEO and Founder of eDiscovery Assistant, Kelly Twigger,...more

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