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e-Discovery Attorney-Client Privilege

Proskauer - Regulatory & Compliance

Seven Questions for Legal and Compliance Before Adopting AI Transcription Services

As businesses accelerate their use of automated tools to record and transcribe meetings, risks are growing. The use of these “AI tools” to transcribe meetings, such as witness interviews, expert network calls, investment...more

Array

This Week in eDiscovery: A Self-Collection Warning | ‘Sufficient to Show’ Requests

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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 June 29-July 5. Here’s what’s...more

Array

This Week in eDiscovery: Privilege Log Falls Short on Key Entries

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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 June 15-21. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Privilege Log Deemed Partially Inadequate

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

DarrowEverett LLP

Before You Hit ‘Record’: Legal Risks In Using AI Notetaking Tools

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You may have asked a team member or associate to jot down notes during a Zoom call, only to find that they struggled to capture every key point while also actively participating in the discussion. Or perhaps you aimed to...more

King & Spalding

Washington District Court Limits Litigants’ Ability to Claw Back Privileged Documents Erroneously Produced in Discovery

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On April 29, 2025, United States District Judge John H. Chun of the Western District of Washington issued an order denying defendant Amazon’s request to claw back privileged documents it argued had inadvertently produced in...more

Nextpoint, Inc.

Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included

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In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down a key antitrust ruling in De Coster v. Amazon.com, where a judge ordered 54 of 85 documents reviewed in camera to be...more

Array

This Week in eDiscovery: Be Careful What Your ESI Protocol Says

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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

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

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In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

TransPerfect Legal

Search Term Translation for eDiscovery: The Art & Science of Getting the ‘Technical Translation’ Right

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When it comes to eDiscovery, term translation isn't just about converting words from one language into another. It's a highly specialized process that requires a nuanced understanding of both linguistics and technical search...more

Integreon

Creating Privilege Logs: A Best Practices Guide

Integreon on

A privilege log is a critical component of the discovery process,. It provides a line-by-line account of confidential communications, documents, and other materials that have been withheld or partially redacted due to claims...more

EDRM - Electronic Discovery Reference Model

Another Approach to Drafting and Discovery of Litigation Hold Notices

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more

Array

This Week in eDiscovery: Nonprivileged Documents Attached to Privileged Communications | New Social Media Frontiers

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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 19-25. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Tailor FRE 502(d) Orders to the Case

Having taught Federal Rule of Evidence 502 (FRE 502) in my law classes for over a decade, I felt I had a firm grasp of its nuances. Yet recent litigation where I serve as Special Master prompted me to revisit the rule with...more

Array

This Week in eDiscovery: Fitness App Data and eDiscovery | Parent Companies and Privilege

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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 5-11. Here’s what’s...more

Minerva26

Privilege Log, Privilege Log — It’s All About the Description

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A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more

Kilpatrick

Blurred Lines: Personal Devices, Proportionality, and Piercing the Work Product Privilege

Kilpatrick on

In a fairly short opinion and order, the district court in Weston v. DocuSign, Inc. analyzed whether the parties were entitled to the production of text messages from former employees’ personal devices and potential piercing...more

Array

This Week in eDiscovery: AI Terms of Use Address Legal | Non-Traditional Communications

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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 November 17-23. Here’s what’s...more

Array

This Week in eDiscovery: Concerns in Google Antitrust Case, Email Attachments and Privilege

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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 August 5-11. Here’s what’s...more

Lighthouse

From Data to Decisions, AI is Improving Accuracy for eDiscovery

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You’ve heard the claims that AI can increase the accuracy of analytical tasks during eDiscovery. They’re true when the AI in question is being developed responsibly through proper scoping, iterative testing, and validation....more

Array

This Week in eDiscovery: EDRM Guidelines for GDPR Compliance, What Information is Enough for a Privilege Log, and More

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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 week of April 1-7. Here’s what’s...more

Array

This Week in eDiscovery: Ruling on Intentional vs. Inadvertent Privilege Disclosures, Royal Family Photo Puts Metadata in the News

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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 week of March 11-17. Here’s what’s...more

Association of Certified E-Discovery...

Does FRE 502(d) Allow a Party to Shift the Privilege Burden?

[Editor’s Note: This article has been republished with permission. It was originally published December 20, 2023 on the eDiscovery Assistant Blog] In Episode 127, on the ACEDS and eDiscovery Assistant #CaseoftheWeek, Kelly...more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

Nextpoint, Inc.

Attorney-Client Confidentiality: Practical Tips for Protecting Privilege

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The volumes of evidence available for litigation are such that privileged documents – a small but important subset of any evidence collection – can easily be overlooked, commingled, misplaced, or simply lost. In addition, the...more

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