News & Analysis as of

Electronically Stored Information Legal Technology Federal Rules of Civil Procedure

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

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

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

EDRM - Electronic Discovery Reference Model

ESI Protocol Should Define “Documents” and Address Redaction Based on Irrelevancy

We the Protestors, Inc. v. Sinyangwe, 348 F.R.D. 175 (S.D.N.Y. Dec. 18, 2024), makes several important points about the relationship between ESI Protocols and redaction of produced documents....more

Array

This Week in eDiscovery: Why You Should Meet and Confer in Good Faith | Upcoming eDiscovery Webinar

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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 March 30-April 5. Here’s what’s...more

Array

This Week in eDiscovery: Rulings on Rules | Let’s Meet at Legalweek

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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 March 2-8. Here’s what’s...more

Pagefreezer

eDiscovery Costs: Social Media Evidence & The $90,000 Lesson

Pagefreezer on

These days, ignoring social media evidence in investigations and litigation is akin to leaving a crucial witness unquestioned. But as the case of Federico v. Lincoln Military Housing demonstrates, navigating this terrain can...more

EDRM - Electronic Discovery Reference Model

Li. v. Merck Addresses: Trigger; Spoliation Discovery; and, Document Unitization

In Li v. Merck & Co., Inc., 2025 WL 429013 (N.D. Cal. Feb. 7, 2025), the court addressed a number of discovery disputes in a lawsuit by a terminated employee against her former employer....more

Array

This Week in eDiscovery: When Self-Collection Goes Wrong | eDiscovery Deepfakes

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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 February 2-8. Here’s what’s...more

Minerva26

The Perils of Self-Collection in eDiscovery: What Litigators Need to Know

Minerva26 on

The risks of self-collection in ediscovery continue to be a central theme in courts across the country. A decision from Magistrate Judge William Matthewman in the Southern District of Florida, EEOC v. M1 5100 Corp., serves as...more

Minerva26

One Court's Novel Approach to Addressing the Gap Between Search Term Hits and Produced Documents

Minerva26 on

Effective management of discovery disputes is critical in litigation, particularly as courts enforce stricter adherence to discovery deadlines. A recent decision in Valeo Schalter und Sensoren GmbH v. NVIDIA Corp. highlights...more

TransPerfect Legal

From Paper to Pixels: The Evolution and Power of eDiscovery in Modern Legal Practice

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We live in an era of ‘big data.’ According to the International Telecommunications Union, more than three-quarters of the world’s population own a mobile phone. The same statistics apply for computer and internet use....more

Epiq

The Sedona Conference Commentary on Proportionality in Cross-Border Discovery: A Brief Overview

Epiq on

The Sedona Conference (TSC) and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure recently published their Commentary on Proportionality in Cross-Border Discovery (Commentary)...more

Association of Certified E-Discovery...

The Evolution of eDiscovery: From its Inception to the Future

The digital revolution of the late 20th century brought a tidal wave of electronically stored information (ESI). Emails, digital documents, and other forms of electronic data began to dominate business and personal...more

EDRM - Electronic Discovery Reference Model

A Groundbreaking Perspective: Judge Newsom’s Vision for AI in Judicial Decision-Making

Judges and lawyers received a significant gift last week when 11th Circuit Judge Kevin C. Newsom penned a concurring opinion in a seemingly mundane insurance case involving a backyard in-ground trampoline. The concurring...more

Hanzo

Transforming Legal Landscapes: AI’s Role in Enhancing Proportionality in eDiscovery

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In today’s digital era, the process of eDiscovery plays a crucial role in the legal system. It’s like a detective’s quest to uncover the truth hidden within vast digital realms of data. However, this quest is often hindered...more

Association of Certified E-Discovery...

Technocat Tidbits: eDiscovery Alphabet Soup

When navigating the sea of data and terms of art in eDiscovery, it can feel a bit like you are wading through murky alphabet soup. Seriously, this industry sometimes feels a bit like it has gone overboard on the Acronyms!...more

Association of Certified E-Discovery...

Technocat Tidbits: What Is An ESI Protocol

Hey there, fellow legal tech enthusiasts! It’s Cat Casey, back with another installment to help you navigate the legal tech maze. Today, we’re diving deep into the world of ESI Protocols. If you’re thinking, “ESI-what-now?”,...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 132 | Ashish Prasad of HaystackID sits down for the seventh in a series with Kaylee & Mary

Illumination Zone: Ashish Prasad, vice president and general counsel of EDRM Trusted Partner, HaystackID, sits down with Kaylee & Mary to talk about his journey from law to legal technology, his advice to his students and...more

Epiq

2022 eDiscovery Case Roundup: Protocols, Preservation, and Party Cooperation

Epiq on

As 2023 begins it is time once again to reflect on the most interesting eDiscovery cases from last year. Trends are always evolving in this dynamic space and eDiscovery professionals cannot afford to snooze on this review....more

Association of Certified E-Discovery...

[Webinar] Practical Applications of eDiscovery Rules - December 14th, 1:00 pm - 2:00 pm EST

We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more

Hanzo

Ediscovery, Remote Work, and the Rise of Collaboration Apps

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Even before the COVID-19 Pandemic in 2020, collaboration app (e.g. Slack) usage was on the rise for internal enterprise communications, with the market share increasing from around seven billion U.S. dollars in 2015 to nearly...more

Lighthouse

Overcoming eDiscovery Trepidation - Part I: The Challenge

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In this two-part series, I interview Gordon J. Calhoun, Esq. of Lewis Brisbois Bisgaard & Smith LLP about his thoughts on the state of ediscovery within law firms today, including lessons learned and best practices to help...more

Association of Certified E-Discovery...

E-Discovery Gold Nuggets: Part 2

Welcome to another installment of “E-Discovery Gold Nuggets”, where ACEDS Kansas City Chapter Leader Daniel Gold’s LinkedIn video series is explored on the ACEDS blog. Gold, who is also Managing Director of E-Discovery...more

Lighthouse

Legal Tech Innovation: Learning to Thrive in an Evolving Legal Landscape

Lighthouse on

The March sessions of Legalweek took place recently, and as with the February sessions, the virtual event struck a chord that reverberated deep from within the heart of a (hopefully) receding pandemic. However, the...more

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