AI in eDiscovery Today: An Open Conversation
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
Key Discovery Points: Do Your Best to Avoid Discovery Shenanigans!
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
Harnessing the Power of eDiscovery: The Revolution of AI and Technology in Litigation and Investigations - The Consumer Finance 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”?
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Key Discovery Points: AI Says AI Will Replace Paralegals… But Not So Fast!
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
What are Some of the Concerns With Applying AI to Document Review?
Biggest Benefits of Applying AI to Document Review
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
Key Discovery Points: Even AI Experts Can Get Faked Out
Innovation in Second Requests: Data is Your Greatest Asset
Key Discovery Points: No Need to Be Leery About AI
Slack has transformed the way modern organizations communicate. Conversations that once happened over long email threads now take place in fast-moving channels, private messages, and quick back-and-forth threads. While this...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
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
In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake...more
In the days of snail mail, people would use a paperclip to attach additional documents or material to a letter. Flash forward to the dot.com boom, and we described electronic mail and attachments using the same terms. Even...more
In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In...more
Six Simple Steps to Avoid Sanctions for Failure to Preserve Electronic Evidence - I’m not a lawyer, and far be it for me to give legal advice, but I’ve lived and worked around lawyers for all of my professional legal career,...more
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more
[Editor’s Note: This article was first published June 18, 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
Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI....more
[Editor’s Note: This article was first published May 15, 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
In the ever-evolving business operations landscape, the early identification and containment of compliance risks has become a paramount concern for organizations worldwide. As someone deeply involved in both government and...more
Hyperlinked files within electronic communications pose three significant challenges in ediscovery that had been previously unanswered by a thorough judicial analysis: 1) whether a hyperlinked file is an “attachment” that...more
In our first post, we will dive into the world of email datasets. Emails are a critical component of business communication, and AI plays a significant role in managing, sorting, and even responding to them. We will explore...more
A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more
The use of smartphones in the workplace is commonplace. Smartphones can offer many benefits to employees and employers, such as increased productivity, communication, collaboration, and flexibility. Hence, many companies...more
In the second post of our series delving into the 2023 Legal Industry Collaboration Data Survey, we turn our focus to a pivotal trend reshaping the legal industry: the growing reliance on collaboration tools such as Microsoft...more
December 2, 2023: SEC Director of Enforcement on Penalties for Data Preservation Failures - In October 2023, the SEC’s Director of Enforcement Gurbir Grewal addressed the New York City Association. See the transcript posted...more
[Editor’s Note: This article was first published December 21, 2023 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 this fifth and final post in our blog series addressing challenges related to the discovery of chat data, our eDiscovery experts continue providing practical advice for businesses when encountering chat data in...more
Like most other States, Maryland has enacted the “Fiduciary Access to Digital Assets Act.” The statute permits the “user” of “digital assets” to authorize a designee to access specified digital assets after the user’s death...more
The rise in cloud workplace applications like Office365, Google Workspace, Slack and Box most frequently used by employees is growing at a rapid pace. Employees are also using off channel communications through unsanctioned...more
Let’s face it, if litigation is imminent and you’re preparing for the discovery process, friction has already taken place between opposing parties. But that’s not what I mean when I’m talking about “frictionless ediscovery.” ...more
When it comes to making sure financial data is safe and meets compliance regulations, understanding the different regulatory bodies and how they affect your organization is a vital first step. Two of the most common...more
Electronic information is ubiquitous and its use and misuse can pose serious ethical problems for attorneys. Attorneys use electronic information to communicate with the public and with clients, to advertise their services,...more