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
Most business disputes settle. But if you bank on settlement without preparing for trial, you put your company at a disadvantage. The best settlements come when the other side knows you are fully ready for court. That means...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
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 January 12-18. Here’s what’s...more
The internet holds some of the largest threats an individual or business can face in 2024. Online threats can become even more challenging to address when the attacker acts anonymously...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
[Editor’s Note: This article was first published January 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...more
In Short - The Situation: Following a cyberattack on a law firm's systems, the Securities and Exchange Commission ("SEC") subpoenaed the firm for information, including the identity of clients whose information may have...more
A medical record is a documented account of an individual’s medical history, which can be information that can make or break certain legal cases. Most individuals will have unique medical information from multiple providers...more
A negligent surgeon, auto accident, personal injury, bar fight—many legal cases require requesting, analyzing, and organizing medical records. Whether you’re representing the plaintiff or the defendant, you’ll want to reduce...more
The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more
Unfortunately, some divorce and family law cases cannot settle without an evidentiary hearing or a trial. When that occurs, contested litigation in divorce and family law matters can require much preparation work....more
If your organization is served with a third-party subpoena to produce evidence, your first response might be to break out in a cold sweat. The word “subpoena” is a loaded term, and an instinctive pang of panic is common. But...more
Divorce and family law matters involve civil litigation in the family court. However, many are unsure what the purpose of discovery may be in divorce and family law litigation....more
Cross-border litigants are familiar with the Hague Evidence Convention, but often overlook another potent method to collect evidence in foreign countries. The Walsh Act, 28 U.S.C. § 1783, gives courts the discretion to...more
Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...more
Which comes first: the chicken or the egg? Oh, sorry, wrong question. Which comes first: the business communication platform or the ability to preserve, collect, and produce communications from that platform during...more
Introduction - The proliferation of data and the rise of affordable cloud computing services has led many companies and organizations to outsource their data storage to third parties, a practice that raises numerous issues...more
The world runs on digital. Courts and litigators must understand how digitization can affect their cases. This past October, the Sedona Conference released updated analyses to help legal professionals navigate and adapt to...more
Motion practice continues in Interference No. 106,115 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") and Junior Party the University of...more
On July 24, 2020, the Court of Chancery in Delaware rejected defendant Centene Corporation’s broad document requests and third-party subpoenas issued as part of a stockholder action to inspect books and records, but allowed...more
With global commerce massively affected by the COVID-19 pandemic, post-pandemic litigation will undoubtedly result in a rise of interstate depositions and discovery. In turn, litigants engaged in actions pending outside of...more
In divorce and family law litigation, text, email and cell phone records are often important. In many cases, parties seek this evidence in discovery when it bears on relevant issues. Text, email and cell phone records can...more
New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more
Florida’s Fifth District Court of Appeal has ruled that Florida law does not impose an obligation on a nonparty to preserve evidence based solely on the foreseeability of litigation. Shamrock-Shamrock, Inc. v. Remark involved...more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more