eDiscovery and Compliance Programs
Key Discovery Points: A Gentle Distinction for Agentic AI
Key Discovery Points: Exciting eDiscovery Sessions at ILTACON 2025!
Key Discovery Points: ESI Protocol Objection Denial Party
Key Discovery Points: Be a Team Player When It Comes to Production
Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Harnessing the Power of eDiscovery: The Revolution of AI and Technology in Litigation and Investigations - The Consumer Finance Podcast
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Key Discovery Points: Timing is Mostly Everything in eDiscovery
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
Key Discovery Points: Even AI Experts Can Get Faked Out
Innovation in Second Requests: Data is Your Greatest Asset
Key Discovery Points: No Need to Be Leery About AI
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
How Attorneys’ Views on AI Are Impacting eDiscovery
Key Discovery Points: Get Your Objections In Early – and Keep Your Filings Succinct
Key Discovery Points: Lessons Learned from TikTok’s Redaction Fiasco
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
The eDiscovery industry is a sought-after career path for a wide variety of reasons. Legal professionals enjoy a fun, challenging, and rewarding field, with abundant career growth opportunities and resilience during times of...more
This article continues the Ai creativity series and examines current thinking among lawyers about their work and job security. Most believe their work is too creative to be replaced by machines....more
Social media is increasingly important in eDiscovery, employment investigations and jury research. Using social media in legal and HR matters raises significant ethical issues. Lawyers and other legal professionals should...more
Social media is ubiquitous in our cyber-connected world. For many, the first thing a person does when they wake up, and the last thing that person does when they go to bed is read, post, or otherwise interact with platforms...more
As the world continues to evolve electronically, it oftentimes seems like the courts take longer to catch up. This past December lawmakers took another step into the digital age by amending Federal Rule of Evidence (“FRE”)...more
..Any judge who begins an opinion about ediscovery with a quote from Donald Rumsfeld (of all people!), and then tosses in a reference to Marge from The Simpsons while quieting lawyers’ fears of technology by noting that...more
Digital evidence has effectively changed every aspect of the modern courtroom and litigation process. We constantly communicate electronically in our daily lives by texting, emailing, and using social media – and there’s an...more
You’ve got a case headed to trial in a few short months, and among your exhibits are a number of copies of web pages. You know you need to authenticate them to get them into evidence at trial (and also know your judge is...more
In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more
“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.”...more
The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more
The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery. The Sedona Conference — a research and educational...more
A recent case in the Middle District of Tennessee highlights the scope and limits of spoliation sanctions under amended Rule 37(e). In Benefield v. MStreet Entertainment, LLC, 2016 WL 374568 (M.D. Tenn., Feb. 1, 2016), the...more
Be prepared, litigators, amendments to the Federal Rules of Civil Procedure are coming on December 1, 2015. These changes represent the Advisory Committee’s attempt to fulfill Rule 1’s goal of “just, speedy, and inexpensive”...more