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Electronically Stored Information e-Discovery

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

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

Hanzo

Slack eDiscovery Tools: A Buyer’s Guide for Legal and Compliance Teams

Hanzo on

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

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

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

Pagefreezer

The Fragility of Chain of Custody in the Era of Digital Evidence

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“Chain of custody” is a familiar concept for anyone working in law enforcement, legal practice, or investigations. It’s a foundational part of proving that evidence presented in court is authentic, unaltered, and admissible....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

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...

The EU’s Legal Tech Tipping Point – AI Regulation, Data Sovereignty, and eDiscovery in 2025

As we navigate through 2025, the European legal landscape is undergoing a significant transformation, particularly in the realms of artificial intelligence (AI) regulation and data sovereignty. These changes are reshaping how...more

EDRM - Electronic Discovery Reference Model

Staying Curious: One Practical Defense Against Creative Burnout

In the high-stakes convergence of business, technology and law, creative burnout isn’t just an individual challenge—it’s a systemic risk. The relentless push for efficiency, digital acceleration and hyperspecialization can...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

Epiq

Mobile Device Collections — a Potential Minefield for Lawyers

Epiq on

As mobile devices have become ubiquitous, so has the need for lawyers to collect information from them to use in litigation. Due to the unique data collection challenges posed by these devices, “mobile device forensics” has...more

HaystackID

2025 eDiscovery Review Update: Tasks, Cost Data, and Spending Patterns

HaystackID on

Within the context of electronic discovery (eDiscovery), the task of review refers to the examination of electronically stored information (ESI) to identify content that is relevant, responsive, privileged, or otherwise...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

Array

This Week in eDiscovery: How a ‘Diligent Search’ is Not a ‘Reasonable Inquiry’ and Why it Matters

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 June 8-14. 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

DarrowEverett LLP on

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

Strategic Signals: May 2025 HSR Filings Reveal Steady M&A Amid Market Shifts

ComplexDiscovery Editor’s Note: Strategic transactions in the U.S. are holding steady, even as economic pressures mount. The latest Hart-Scott-Rodino (HSR) filing data through May 2025 reveals not a retreat, but a...more

EDRM - Electronic Discovery Reference Model

“Diligent Search,” But No Responsive Data Is Insufficient Response

In EEOC v. Mia Aesthetics Clinic ATL, LLC, No. 1:24-CV-3407-MLB-AWH (N.D. Ga. May 30, 2025), the EEOC prevailed on several discovery disputes. It prevailed because its attorneys did their homework and supported their...more

Array

This Week in eDiscovery: Objections to Court-Decided ESI Protocol Fall Apart

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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 25-31. Here’s what’s...more

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