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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

Imagine this: You’re representing a state in high-stakes prison litigation. Since 2020, your firm has received more than $40 million from the client. You have written AI policies, an Artificial Intelligence Committee, and a...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

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

Purpose Legal

From OCR to AI The Future of Media and Image Analysis in eDiscovery

Purpose Legal on

In this episode of the Purpose Legal Podcast, Chief Innovation Officer Jeff Johnson sits down with Sergio Suarez, CEO of TackleAI, to explore how cutting-edge computer vision is transforming document analysis in legal. From...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

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

Redgrave LLP

Don’t Rush Past Relevance: Assessing the Discoverability of AI Prompts and Outputs

Redgrave LLP on

Much of the buzz about artificial intelligence (AI) in law has focused on its utility as a discovery tool rather than a potential source of discovery. While AI’s impact on discovery processes, such as reviewing and coding...more

EDRM - Electronic Discovery Reference Model

Document Content vs. Metadata in eDiscovery AI: A Clarification of Scope, Access, and Accuracy

Abstract - This article addresses a critical source of confusion in legal technology: the conflation of document content and metadata in generative AI tools for eDiscovery. Document content is the text and visual data you see...more

TransPerfect Legal

Search Term Translation for eDiscovery: The Science of Text Tokenization Meets the Art of Language

TransPerfect Legal on

This article is the second in a series of “Search Term Translation for eDiscovery” blogs. This installment explores the technical aspects of translation and language services within the context of multilingual eDiscovery....more

Cimplifi

Chess, Not Checkers: Negotiating from a Position of Power

Cimplifi on

ESI protocols have become an important tool for getting parties “on the same page” regarding how discovery will be conducted. While they aren’t necessarily appropriate for every case, they are a vital tool in helping to...more

Nextpoint, Inc.

Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a court’s bold move in the Meta Pixel healthcare case – ordering the production of third-party cookie data tied to...more

EDRM - Electronic Discovery Reference Model

The Future is Now: Why Trial Lawyers and Judges Should Embrace Generative AI Now and How to Do It Safely and Productively

Introduction: The Urgency and Promise of Generative AI in Law - The unprecedented rapid advancement of generative artificial intelligence (AI) worldwide presents the legal profession with a pivotal opportunity for...more

EDRM - Electronic Discovery Reference Model

Fed.R.Civ.P. 26(g) Was Violated by Permitting Client Searches With Minimal Oversight by Counsel

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

EDRM - Electronic Discovery Reference Model

Case Study: Practical Testing for Effectively Organizing Documents with GenAI Review

This case study outlines a practical framework for evaluating Generative AI (“GenAI”) review for organizing documents in discovery using Relativity’s aiR for Review....more

EDRM - Electronic Discovery Reference Model

Chambers Guidance: Using AI Large Language Models (LLMs) Wisely and Ethically

Tomorrow, I’m delivering a talk to the Texas Second Court of Appeals (Fort Worth), joined by my friend, Lynne Liberato of Houston. We will address LLM use in chambers and in support of appellate practice, where Lynne is a...more

Nextpoint, Inc.

Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today discuss key takeaways from Tremblay v. OpenAI, where the court denied plaintiffs’ proposed search terms for a third time. They...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

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