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Discovery

EDRM - Electronic Discovery Reference Model

7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client

In this alleged wrongful termination and retaliation case, a “whistleblower” complaint was dismissed and monetary sanctions were also imposed. Pable v. Chicago Transit Authority, __ F. 4th __, 2025 WL 2102202 (7th Cir. Jul....more

EDRM - Electronic Discovery Reference Model

When AI Policies Fail: The AI Sanctions in Johnson v. Dunn and What They Mean for the Profession

Imagine this: You’re representing a state in high-stakes prison litigation. Since 2020, your firm has received more than $40 million from the client. You have written AI policies, an Artificial Intelligence Committee, and a...more

EDRM - Electronic Discovery Reference Model

Epiphanies or Illusions? Testing AI’s Ability to Find Real Knowledge Patterns – Part One

Humans are inherently pattern-seeking creatures. Our ancestors depended upon recognizing recurring patterns in nature to survive and thrive, such as the changing of seasons, the migration of animals and the cycles of plant...more

Cozen O'Connor

Southern District Court of New York Permits Extensive Discovery of Reserve And Reinsurance Information in Bad Faith Litigation

Cozen O'Connor on

In Mandarin Oriental, Inc. v. HDI Glob. Ins. Co. et al., Civil Action No. 23 Civ. 4951, 2025 WL 1638071 (S.D.N.Y. June 10, 2025), the District Court of the Southern District of New York followed the modern trend and allowed...more

EDRM - Electronic Discovery Reference Model

[Webinar] Chat Data: The Ugly Discovery Data Source - August 13th, 1:00 pm - 2:00 pm ET

Chat data may have been the talk of the town for years now, the treatment of which is still very much unresolved. With the rise of chat data sources, knowing your options is key to solving the problems of today....more

Array

This Week in eDiscovery: Latest eDiscovery + GenAI report | Common Boilerplate Objections to Avoid

Array on

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 July 20-26. Here’s what’s...more

Akin Gump Strauss Hauer & Feld LLP

Judicial Committee of the Privy Council Declares the End of the ‘Shareholder Rule’ Regarding Privilege

In a landmark ruling handed down on 24 July 2025 (Jardine Strategic Limited (Appellant) v Oasis Investments II Master Fund Ltd and 80 others (Respondents) No 2 (Bermuda) [2025] UKPC 34), the Judicial Committee of the Privy...more

Marshall Dennehey

Appeals Court Reverses Punitive Damages Award, Finds Late Trial Amendment to Add Recklessness Prejudiced Defense

Marshall Dennehey on

Bernavage by and through Vanston v. Green Ridge Healthcare Group, LLC, WL 14279152025, (Pa. Super. May 19, 2025) - This case concerned an elderly woman’s slip and fall on a shower floor while being assisted by staff in an...more

U.S. Legal Support

How to Skip Trace: A Guide for Lawyers

U.S. Legal Support on

Of all the challenges inherent in discovery, case strategizing, and trial preparation, a missing witness or other key person may pose the most frustration. Most individuals can be located easily at their place of residence or...more

McGuireWoods LLP

Missouri Supreme Court Railroad Case’s Upjohn Analysis Goes Off the Tracks: Part II

McGuireWoods LLP on

Last week’s Privilege Point described the Missouri Supreme Court’s understandable conclusion that a railroad employee did not have a personal attorney-client relationship with railroad lawyers who interviewed her about an...more

EDRM - Electronic Discovery Reference Model

Adobe’s Legally Grounded AI Model Offers a Blueprint for Responsible Innovation

ComplexDiscovery Editor’s Note: Can artificial intelligence create without crossing legal lines? As AI systems grow more powerful, that question is becoming central to innovation strategy—and litigation. In this compelling...more

EDRM - Electronic Discovery Reference Model

Document Correlation Under Fed.R.Civ.P. 34(b)(2)(E)

The long simmering “document correlation” dispute was addressed in Sievert Elec. Svc. and Sales Co. v. Storako, 2025 WL 2084229 (N.D. Ill. Jul. 24, 2025).  The court followed the majority rule....more

Minerva26

Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast

Minerva26 on

In this first episode of our Mobile Minutes segment, U.S. District Judge Xavier Rodriguez joins host Kelly Twigger on the Meet and Confer podcast to explore one of the most urgent questions in modern discovery: when does an...more

Nextpoint, Inc.

Key Discovery Points: ESI Protocol Objection Denial Party

Nextpoint, Inc. on

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

Troutman Amin LLP

NOCK ON WOOD: Rare Order Granting a Plaintiff’s Request to Transfer Case Granted– TCPA Defendant Robbed of Summary Judgment?

Troutman Amin LLP on

Unusual one for you today. In Nock v. Spring Energy, 2025 WL 2046196 (S.D. N.Y. July 22, 2025) the court entered an order transferring a TCPA case to Maryland. Ok, fairly blasé. What’s the point Czar? Well it was the...more

Association of Certified E-Discovery...

Defensibility Considerations Around AI in Best-Case and Worst-Case Scenarios

The integration of AI, including agentic AI, into eDiscovery workflows represents a significant evolution in how legal teams manage the review and production of electronically stored information (ESI). As with any...more

Robinson+Cole Data Privacy + Security Insider

Privacy Under Pressure: What the NYT v. OpenAI Teaches Us About Data Governance

The rise of large language models (LLMs) such as ChatGPT has created novel legal implications surrounding the development and use of such artificial intelligence (AI) systems. One of the most closely watched AI cases...more

EDRM - Electronic Discovery Reference Model

Five Lessons for eDiscovery from Home Improvement Projects

The last few months I’ve been in the throes of multiple home improvement projects large and small requiring eight contractors and two handyman services. And what, you ask, does this have to do with eDiscovery? This experience...more

McGinnis Lochridge

When $180 Million Rides on an Expert's Supplementation Decision

McGinnis Lochridge on

$180M oil case lost when Apollo refused to fix expert's flawed damages model. Without expert testimony meant no damages recovery in technical fields. In Apollo Exploration, LLC v. Apache Corporation, No. 11-19-00183-CV, 2025...more

Nextpoint, Inc.

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

Nextpoint, Inc. on

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

Association of Certified E-Discovery...

[Webinar] Working with Discovery Special Masters: Best Practices for Streamlining Complex Discovery - August 8th, 11:00 am PT

This program will discuss the evolving role of special masters in discovery and what legal teams need to know before engaging with them. The panelists will offer best practices for developing a productive relationship with...more

BCLP

Legal Privilege - the King has been advised - the Shareholder Rule no longer applies under English Law

BCLP on

Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law....more

Association of Certified E-Discovery...

Cracking the Code on ESI

The volume of “documents” relevant to litigation and government investigations has exploded due to electronic data, leading to a significant shift in the discovery process. What once required a trip to a client’s filing...more

Proskauer - California Employment Law

Decertification Of Class Action Upheld

Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

Proskauer - Regulatory & Compliance

Seven Questions for Legal and Compliance Before Adopting AI Transcription Services

As businesses accelerate their use of automated tools to record and transcribe meetings, risks are growing. The use of these “AI tools” to transcribe meetings, such as witness interviews, expert network calls, investment...more

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