Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
Key Discovery Points: ESI Protocol Objection Denial Party
Law School Toolbox Podcast Episode 514: Listen and Learn -- Discovery (Civ Pro)
Key Discovery Points: Be a Team Player When It Comes to Production
From OCR to AI The Future of Media and Image Analysis in eDiscovery
All Things Investigation: Due Diligence and Drama: A Deep Dive into Art World with Daniel Weiner
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
Understanding Discovery in Commercial Litigation
Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included
Key Discovery Points: Be Willing to Agree and Compromise When It Comes to Hyperlinks
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Key Discovery Points: Don’t Rush in as an AI Fool!
Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Brooklyn District Attorney Eric Gonzalez – Innovative Approach to Safety
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
$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
New York’s Commercial Division has long prided itself on adopting practices and procedures similar to the federal courts. A recent amendment to its rules takes a further step in that direction by mandating initial disclosures...more
Recently, Florida lawmakers enacted amendments to the Florida Rules of Civil Procedure. Rule 1.280 addresses initial disclosures and now imposes stricter obligations on parties to timely exchange them. Effective January 1,...more
California Senate Bill 940 (SB 940), enacted in late 2024, introduces several key changes to arbitrations involving “consumer contracts,” which is defined as a contract prepared by a seller and signed by a consumer for the...more
The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.280(f) to clarify the timing of initial disclosures and discovery procedures. In re Amendments to Florida Rule of Civil Procedure 1.280(f), No....more
On April 21, 2025, Georgia became one of the first states to enact a statute to permit the discovery of litigation funding, paving the way, perhaps, for a number of other states to soon follow....more
ComplexDiscovery Editor’s Note: In a landmark decision that challenges the European Commission’s transparency standards, the General Court of the European Union has ruled against Commission President Ursula von der Leyen over...more
Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?...more
Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks, and the extent to which such reports can be shielded from disclosure in legal...more
While the Commercial Division Rules are closer to the Federal Rules of Civil Procedure than any other set of court rules in New York (including the base requirements of the CPLR), they are far from identical. One area where...more
On March 1, 2025, the Texas Business Court (the “Business Court”) implemented new local rules aimed at enhancing the efficiency and fairness of business dispute resolutions. Key changes include new provisions involving...more
ComplexDiscovery Editor’s Note: The March 2025 Hart-Scott-Rodino (HSR) filings dropped to 89 transactions, marking the lowest monthly total since the early months of the COVID-19 pandemic in April and May 2020. This...more
ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board - A party in a PTAB proceeding forfeits the ability to challenge an opposing party’s discovery obligation violation...more
Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. This time we're talking about...more
Litigators, take note—Rule 26(a) is not just a box to check in the early stages of discovery. Failing to comply with its initial disclosure requirements can have disastrous and expensive consequences, as U.S. Bank recently...more
Frequent readers of this blog know that we are not shy in acknowledging the Commercial Division’s status as the leading forum for resolving complex business disputes. This reputation can be, in part, largely attributed to the...more
Burkhart v. Genworth Fin., Inc., C.A. No. 2018-0691-NAC (Del. Ch. Aug. 21, 2024). The rise in litigation funding brings a predictable follow-on question: Are litigation funding agreements protected as work product, or...more
A federal judge in Minnesota recently granted a motion to exclude an expert declaration explaining the dangers of AI deepfakes because the declaration itself contained AI-hallucinated citations. The case was a First Amendment...more
On January 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency, impact the setting of cases for trial, case management, discovery practice,...more
The increasing use of artificial intelligence (AI) transcription and note-taking services in virtual meetings allows participants to focus on discussions without the distraction of taking notes. But this convenience comes...more
In-scope entities should keep preparing for compliance with Senate Bills 253 and 261 as the lawsuit proceeds past an initial summary judgment motion....more
Soon after California passed far-reaching climate legislation last year (referred to herein as SB 253 and SB 261; see our earlier blog post here and here for background), it was challenged in the U.S. District Court for the...more
Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain facts and information from other parties and non-parties to support...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 17-22. Here’s what’s...more
Two decisions handed down in quick succession by the Paris and Toulouse Courts of Appeal highlight the complex interplay between interests at stake in each case. Both of the judicial decisions in question concerned...more