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Electronically Stored Information Discovery Litigation Strategies

Kilpatrick

TAR 2.0…..Show Me What Ya Got

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Embracing new technology, even in the current age of rapid technological advancement, does not happen overnight. When technology assisted review based on simple active learning (“TAR 1.0”) entered the eDiscovery scene, many...more

Association of Certified E-Discovery...

[Webinar] Early Case Intelligence in Action: Introducing Insight ECI - September 23rd, 10:00 am PDT

What if you could move beyond basic Early Case Assessment and obtain real-time intelligence to guide your legal strategy? This webinar will demonstrate how. Join eDiscovery AI for a dynamic product showcase of Insight...more

Butler Snow LLP

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

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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

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

The Shape of Justice: How Topological Network Mapping Could Transform Legal Practice

What if justice had a shape — not rigid scales or a blindfolded figure, but a living, dynamic map? Imagine causation as a multidimensional space, where influence, control, and responsibility could be mapped across a moving...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...

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

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

Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero...more

Redgrave LLP

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

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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

Kilpatrick

Terms of Endearment - Effective Use of Search Terms in E-Discovery

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The development and use of search terms in e-discovery is a cornerstone of modern litigation. Properly crafted search terms enable legal teams to efficiently identify relevant electronically stored information (“ESI”) while...more

EDRM - Electronic Discovery Reference Model

[Webinar] How to Talk to Your Litigators About eDiscovery - July 17th, 1:00 pm - 2:00 pm ET

Litigators can be brilliant at creating legal strategies, but they’re not always technology enthusiasts. For many, eDiscovery is an unfamiliar landscape: complicated, abstract, and perceived as a cost center. So how can...more

Cimplifi

Chess, Not Checkers: Negotiating from a Position of Power

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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: BYOD Case Law Covering Subpoenas and Employee Handbooks

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a key ruling in Allergan v. Revance concerning "BYOD" – or "Bring Your Own Device" – policies. The court denied...more

Association of Certified E-Discovery...

[Webinar] Judges and E-Discovery: Walking the Line Between Educating the Judiciary and Advocating for Your Client - July 11th,...

This program will emphasize best practices of navigating question about e-discovery in court with adversaries and judges who are less familiar with the mechanics of modern discovery. The panelists will provide resources as...more

EDRM - Electronic Discovery Reference Model

Panel of Experts for Everyone About Anything – Part One

Imagine instantly accessing a room full of top experts ready to respond to your toughest questions, brainstorm creative solutions, or critique your new ideas, all without spending a dime. Whether you’re a seasoned attorney...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

EDRM - Electronic Discovery Reference Model

The Legal Ops Advantage: Why Smart Lawyers Don’t Go It Alone

Picture this: you’re in-house counsel, and your company’s just been sued. But you’ve seen this film before. You know (with reasonable certainty) how much it’ll cost to get from complaint to Rule 26, through discovery, motions...more

EDRM - Electronic Discovery Reference Model

AI Can Improve Great Lawyers—But It Can’t Replace Them

The rise of legal AI has sparked a familiar fear: that our hard-won expertise might be absorbed into machines. That lawyers will be off-loaded—our reasoning encoded, commodified, and reduced to prompts. That we’ll be...more

Nextpoint, Inc.

Live from Legalweek 2025: Industry Leaders Kelly Twigger and Doug Austin Share Insights on AI Innovation, Industry Trends, and...

Nextpoint, Inc. on

At this year’s Legalweek, the Nextpoint team joined EDRM to host a “Live from Legalweek” webinar and connect with leaders across the legal tech industry. As part of the series, Brett Burney, Nextpoint’s eLaw Evangelist, sat...more

Array

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

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 May 11-17. Here’s what’s...more

Esquire Deposition Solutions, LLC

Technology-Assisted Review Was Litigation’s First Encounter With AI

While the use of artificial intelligence for drafting legal pleadings is a relatively new phenomenon, the deployment of artificial intelligence in pretrial discovery of electronically stored information is not. In fact, the...more

EDRM - Electronic Discovery Reference Model

“This Was a Collective Debacle”

In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a...more

Lighthouse

ESI Protocols in the Age of AI: 4 Essential Questions for Modern Discovery

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With the evolution of AI capabilities and adoption outpacing procedural frameworks, its important to reevaluate your approach to ESI protocols. Learn about four key considerations that will help you to create effective and...more

Array

This Week in eDiscovery: Motion for Tracking Cookies Crumbles

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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 April 27-May 3. Here’s what’s...more

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