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Discovery Electronically Stored Information

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

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

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

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

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

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

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

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

EDRM - Electronic Discovery Reference Model

Navigating AI’s Twin Perils: The Rise of the Risk-Mitigation Officer

Generative AI is not just disrupting industries—it is redefining what it means to trust, govern, and be accountable in the digital age. At the forefront of this evolution stands a new, critical line of employment: AI...more

EDRM - Electronic Discovery Reference Model

GENIUS Act Signed Into Law: A Game Changer for Legal Discovery and Information Governance

ComplexDiscovery Editor’s Note: President Trump’s signing of the GENIUS Act sets a new course for professionals in eDiscovery, cybersecurity, and information governance. By formalizing federal oversight of...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for July 2025 - August 5th, 1:00 pm - 2:00 pm ET

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

EDRM - Electronic Discovery Reference Model

Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

A motion for a forensic examination was granted in PlayUp, Inc. v. Mintas, 2025 WL 2017161 (D. Nev. Jul. 18, 2025). On movant’s third try, the court found that the opponent was trying to “gaslight” the court and it granted...more

EDRM - Electronic Discovery Reference Model

The $20 Test: What a Parking Lot Taught Me About AI and Legal Judgment

Every day, lawyers and judges the world over are asking ChatGPT and other AI tools to help them reason through complex ethical dilemmas, draft arguments, and make strategic decisions....more

Array

This Week in eDiscovery: Sanctions for Loss of ESI | Guidance on Databases in Civil Discovery

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 6-12. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Panel of Experts for Everyone About Anything – Part Three: Demo of 4o as Panel Driver on New Jobs

This is the conclusion to the article, Panel of Experts for Everyone About Anything – Part One and Part Two. Here we give another demonstration of the software described in Part One. Part Two provided a demonstration where...more

EDRM - Electronic Discovery Reference Model

Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero...more

EDRM - Electronic Discovery Reference Model

[Webinar] 6 Keys to a Precise and Defensible ESI Collection Strategy - July 30th, 12:00 pm - 1:00 pm CDT

How do you direct your clients when it comes to collecting their potentially relevant data from computers, file shares, and mobile devices? It’s critical to provide clear and accurate instructions. You can’t leave it up to...more

EDRM - Electronic Discovery Reference Model

From Volatility to Vision: June 2025 HSR Filings Show Steady Strategic Focus

ComplexDiscovery Editor’s Note: This report examines U.S. Hart-Scott-Rodino (HSR) filings through June 2025, which reached 1,519 transactions for the fiscal year to date, including 157 filings in June. Despite GDP contraction...more

Redgrave LLP

Don’t Rush Past Relevance: Assessing the Discoverability of AI Prompts and Outputs

Redgrave LLP on

Much of the buzz about artificial intelligence (AI) in law has focused on its utility as a discovery tool rather than a potential source of discovery. While AI’s impact on discovery processes, such as reviewing and coding...more

Kilpatrick

Terms of Endearment - Effective Use of Search Terms in E-Discovery

Kilpatrick on

The development and use of search terms in e-discovery is a cornerstone of modern litigation. Properly crafted search terms enable legal teams to efficiently identify relevant electronically stored information (“ESI”) while...more

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