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e-Discovery Discovery Electronically Stored Information

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Presenting Digital Evidence in Court

U.S. Legal Support on

With how much of our collective lives are experienced online, a trial that doesn’t include digital evidence may soon be the rare exception. Between the massive collection of data across commercial operations and the...more

Butler Snow LLP

Tracked Into Court – The Utility, Discovery, and Admissibility of Wearable Device Data

Butler Snow LLP on

It’s no secret that we are proponents of discovering consumer wearable device data in personal injury litigation. Although the subject is not new, there’s still “surprisingly little precedent” on the issue. Wearable...more

Nextpoint, Inc.

Key Discovery Points: A Gentle Distinction for Agentic AI

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down the key differences between Agentic AI and Generative AI – two technologies making waves in the legal tech world....more

EDRM - Electronic Discovery Reference Model

Talking to Litigators: What eDiscovery Pros Need to Know

eDiscovery is now a standard part of trial prep and case strategy. But despite the technology’s evolution, many vendors still miss the mark in how they engage litigators. To dive deeper into this disconnect, and how to bridge...more

EDRM - Electronic Discovery Reference Model

Reasonable or Overreach? Rethinking Sanctions for AI Hallucinations in Legal Filings

Abstract - This article examines the problem of fabricated or hallucinated citations in legal briefs, focusing on the recent federal decision in Johnson v. Dunn as a case study. That decision highlights the risks when lawyers...more

EDRM - Electronic Discovery Reference Model

When AI Conversations Become Compliance Risks: Rethinking Confidentiality in the ChatGPT Era

ComplexDiscovery Editor’s Note: AI is transforming the legal landscape—but at what cost to confidentiality? In a striking admission, OpenAI’s CEO Sam Altman acknowledged that ChatGPT interactions lack the privacy protections...more

Array

This Week in eDiscovery: What to Know About Subject Matter Waiver of Work Product

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 August 3-9. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Criminal Conviction Reversed After State Failed to Timely & Fully Disclose its Use of a Type of Artificial Intelligence

“After a one-day trial in the Circuit Court for Montgomery County, a jury found Craig Donnell Johnson guilty of robbery. Before trial, Mr. Johnson had filed a motion to dismiss the case, arguing that the State had withheld...more

EDRM - Electronic Discovery Reference Model

Epiphanies or Illusions? Testing AI’s Ability to Find Real Knowledge Patterns – Part Two

The moment of truth had arrived. Were ChatGPT’s insights genuine epiphanies, valuable new connections across knowledge domains with real practical and theoretical implications, or were they merely convincing illusions? Had...more

EDRM - Electronic Discovery Reference Model

From Search Hits to Answers: How GenAI Solved Complex Discovery Challenges at HKA’s “Hands On” AI Program in London

Picture this: Six teams of senior legal professionals from the world’s largest law firms and investigation groups, each armed with nothing but a natural language question and access to 14,000 documents from one of Britain’s...more

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

The Johnson v. Dunn sanctions order proves that firm policies and experience aren’t enough—only rigorous verification prevents AI citation disasters...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

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...

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

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

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

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

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