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
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
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
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
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
Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules...more
If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more
One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more
No need for blarney, we have six great cases! In our March 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to sanctions over spoliated video evidence, quashing subpoenas of...more
When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The...more
The conclusion of the baseball season is an apt occasion to reflect on the wisdom of New York Yankee great Yogi Berra’s remark, “You can observe a lot by watching.” What Berra meant to say, we imagine, is that close...more
Afraid you won’t be up to date on important case law? Our October 2024 monthly webinar of cases covered by the eDiscovery Today blog will remove all your fears! During the webinar we will discuss disputes related to relevance...more
[Editor’s Note: This article was first published September 25, 2024, and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those...more
[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more
No one else can “eclipse” our coverage of eDiscovery case law! Our April 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to relevance and privacy of an unpublished autobiography,...more
January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more
“A trial-level judge in New York has sanctioned [attorneys’ name deleted] for ‘rummaging’ through the Dropbox of its litigation opponent after a third-party vendor accidentally revealed the link in discovery.” D. Cassens...more
“We all go a little mad sometimes” – for eDiscovery case law! Our October 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses forensic protocol negotiation and scope, sanctions for plaintiff in Bob...more
Fall is in the air and so is the whiff of sanctions! Our September 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including sanctions for discovery violations & misrepresentations,...more
Justice delayed isn’t justice denied for eDiscovery case law disputes! Our July 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including custody and control of a personal Google...more
On Monday, the Eleventh Circuit affirmed sanctions levied by the United States District Court for the Northern District of Georgia against the Consumer Financial Protection Bureau due to its conduct during discovery. The CFPB...more
A unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit has affirmed the district court’s order dismissing several defendants as sanctions for the CFPB’s continuation of “obstructionist conduct” in...more
Sanctions for perceived shortcomings in document productions and corporate representative depositions have long been a real threat in asbestos litigation in South Carolina. The plaintiffs’ bar has regularly filed Motions to...more
On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. ...more