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
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 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
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
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
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 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
In Gilbane Bldg. Co. v. School Bd. of Broward County, 2025 WL 1615553 (S.D. Fl. Jun 6, 2025), plaintiff moved to compel a “compliant” privilege log. The court decided six issues. The court wrote: “I agree that Defendant...more
I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more
The U.S. Court of Appeals for the Third Circuit recently issued an opinion holding that when a district court has ordered discovery under 28 U.S.C. § 1782, but has not yet conclusively defined the scope of that discovery, the...more
eDiscovery case law disputes are no picnic! In our June 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to court decided ESI orders, supporting evidence for experts,...more
In EEOC v. Mia Aesthetics Clinic ATL, LLC, No. 1:24-CV-3407-MLB-AWH (N.D. Ga. May 30, 2025), the EEOC prevailed on several discovery disputes. It prevailed because its attorneys did their homework and supported their...more
Under Rule 37 of the Rules of the Commercial Division, the court may order a remote deposition upon (1) consent of the parties, or upon (2) a motion showing good cause....more
Under Fed. R. Evid 502(d), a federal court can assure that an inadvertent disclosure of privileged documents in the case before it will not allow litigants in subsequent cases to argue that such disclosure triggered a...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 May 11-17. Here’s what’s...more
Aggressive litigation adversaries sometimes try to make a discovery sideshow into the main event. A party’s search for responsive documents occasionally triggers such an effort....more
Texas and Missouri, two states that have long flirted with the idea of adopting the Uniform Interstate Depositions and Discovery Act, now appear poised to take action sometime this year. ...more
Recent eDiscovery rulings from the first quarter of 2025 reveal courts grappling with redaction practices, cross-border data transfer tensions, evolving artificial intelligence (AI) usage in litigation, and increasing...more
eDiscovery case law disputes are racing toward us! In our May 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to certification of production and discovery errors,...more
We the Protestors, Inc. v. Sinyangwe, 348 F.R.D. 175 (S.D.N.Y. Dec. 18, 2024), makes several important points about the relationship between ESI Protocols and redaction of produced documents....more
In Abrego-Garcia v. Noem, __ F.R.D. ___, 2025 WL 1166402 (D. Md. Apr. 22, 2025)(Xinis, J.), plaintiffs notified the Court of “seemingly intractable discovery disputes….” The case is before the District Court after the United...more