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
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
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
In this Key Discovery Points video, Brett Burney of Nextpoint sits down with Doug Austin of eDiscovery Today to unpack the hottest topics ahead of ILTACON 2025. From litigation response strategies to budget-friendly...more
Several looming technological developments are poised to significantly impact the management of litigation and discovery. These emerging technologies have the potential to enhance efficiency and reduce costs but also...more
When people say that your life experiences can make you a better lawyer they’re usually talking about empathy. I went in a different direction and applied lessons learned from home improvement to eDiscovery practice. In part...more
The Johnson v. Dunn sanctions order proves that firm policies and experience aren’t enough—only rigorous verification prevents AI citation disasters...more
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
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
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
“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
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
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
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
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
When working with modern generative AI tools, creating effective prompts doesn’t have to be complicated or intimidating. One of the most powerful aspects of these systems is that you simply ask questions in plain English. In...more
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today dive into a recent court ruling in Riviera v. Costco Wholesale Corp. – where a plaintiff's request for an independent forensic...more
In a year marked by technological innovation and market adaptation, the Winter 2025 eDiscovery Pricing Survey from ComplexDiscovery OÜ and the Electronic Discovery Reference Model provides a timely snapshot of pricing trends...more
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 March 9-16. Here’s what’s...more
Xen Hartzell, podcast producer and editor of the Illumination Zone, sits down with Kaylee & Mary to celebrate the Illumination Zone's 200th episode. Xen's fiction podcasts "Midst" and "Unend" have repeatedly topped global...more
This post is based on remarks recently delivered during the 12th Annual University of Florida E-Discovery Conference. With only 10 minutes during the conference to squeeze in this massive topic, we thought it may be useful to...more
Over the past few months, we’ve been exploring how generative AI can transform trial preparation by analyzing complex litigation materials and producing sophisticated closing arguments. Our series began with an exploration of...more
In the Art of War, Sun Tzu teaches that “[i]n the midst of chaos, there is also opportunity.” As we enter 2025, the rapid changes in the legal and tech fields can feel overwhelming, like navigating through the fog of war....more
Although occasional murmurings about general AI reached the public during the 2010s, it was ChatGPT’s November ‘22 entrance onto the global stage that officially introduced the world to artificial intelligence....more
During a panel on trial practice at the recent Masters’ Conference in Los Angeles, moderated by Professor Shannon Bales, panelists emphasized the critical role of consistency—blending humor, real-world anecdotes, and...more
As law firms and legal departments race to leverage artificial intelligence for competitive advantage, many are contemplating the development of private Large Language Models (LLMs) trained on their work product. While the...more