Key Discovery Points: Do Your Best to Avoid Discovery Shenanigans!
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Abigail Slater, head of the Antitrust Division at the Department of Justice, did not mince words when describing the lengths to which some in Big Tech and Big Law will go to frustrate the antitrust enforcement process. She...more
Last week’s Privilege Point described a Southern District of New York magistrate judge’s application of the “touch base” privilege test to a German company’s application to conduct discovery of a U.S. private equity company’s...more
A recent federal appellate court decision demonstrates one way businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation....more
Recent developments in eDiscovery case law highlight significant trends, including the challenges of discovery protocols in artificial intelligence and antitrust litigation, evolving court approaches to attorney conduct and...more
In an order with important implications for trade secret disputes in federal court, on August 12, 2025, the Ninth Circuit Court of Appeals held that a district court abused its discretion in striking a plaintiff’s trade...more
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 August 10-16. Here’s what’s...more
Cross-border data transfers to the United States in civil litigation have become increasingly complex in recent years, particularly data transfers from the People’s Republic of China. Litigants with ties to China often invoke...more
The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to...more
This essay uses a recent Delaware Chancery Court decision to examine the persistent use of boilerplate objections in discovery. It argues that the practice reflects a failure of reflective judgment and undermines the...more
In Morrison v. Hatts Off Inc. et al., 2025 ONSC 4320, the Ontario Superior Court of Justice declined to order pre-certification discovery of sensitive Children’s Aid Society records in a proposed class action alleging...more
In 2024, the Florida Supreme Court changed the Florida Rules of Civil Procedure, aligning them with federal standards in many areas. One of those areas was the scope of discovery. What was once an expansive often burdensome...more
The discovery phase of a case is critically important. Navigating a case appropriately through the discovery stage can lead to achieving favorable settlement terms, disposing of the case by summary judgment, or prevailing at...more
Awesome little case for you today. As we all know there are these online forums where trolls get together and plot out ways to small (and large) businesses in TCPA suits. Sometimes these forums share completely legitimate...more
Case law disputes are heating up! In our August 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to preservation of RAM data, forensic examination after discovery failures,...more
The court held that the statute of limitations began to run from the date when a former employee produced confidential company financial during discovery in an unrelated matter, and not from the earlier date when the former...more
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 27-August 2. Here’s what’s...more
On July 25, 2025, Superior Court Business Litigation Session Judge Debra A. Squires-Lee issued a significant decision regarding the attorney-client privilege and clarifying the contours of the work product doctrine in...more
Expect fireworks with this month’s eDiscovery case law disputes! In our July 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to improper boilerplate objections,...more
The New York Times v. OpenAI litigation has garnered significant attention as a landmark copyright dispute; however, it has rapidly evolved into a global data privacy conflict that will inform how enterprises approach AI and...more
The common-interest doctrine sometimes protects as privileged communications between separately represented clients sharing an identical legal interest in ongoing or anticipated litigation. It differs dramatically from a...more
Under the aptly named “testamentary exception,” a beneficiary taking under a will can sometimes access communications between the testator and the testator’s lawyer. This exception rests on the understandable concept that the...more
The Florida Supreme Court amended Florida Rule of Civil Procedure 1.280(f) (Timing and Sequence of Discovery) to resolve an ambiguity in the Rule that practitioners had been unreasonably using to thwart or delay the...more
United States Magistrate Judge Figueredo recently denied Plaintiff EscapeX IP, LLC’s (“EscapeX”) efforts to seal its objections to billing records Defendant Google LLC (“Google”) had originally filed under seal in connection...more
Fed.R.Civ.P. 26(g) is called the “stop and think” rule. In Grullon v. Lewis, 2025 WL 1693425 (S.D.N.Y. Jun. 17, 2025), the court found a violation of that rule....more
The Northern District of Ohio denied a motion to compel the plaintiff to produce test results referenced in its initial disclosures and complaint. The court found that because the “test results are not facts but rather are...more