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Electronically Stored Information Litigation Strategies

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

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

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

Array

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

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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 June 8-14. Here’s what’s...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

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

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...

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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

U.S. Legal Support

How AI Helps Streamline Medical Record Summaries

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When it comes to the “iron triangle” points of time, cost, and quality, we’re often asked to choose which one should be sacrificed. AI’s ability to streamline medical record summarization, however, is a shift that can benefit...more

Array

This Week in eDiscovery: What is a Document? Text Message Redaction Dispute Poses this Question

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 4-10. Here’s what’s...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

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 April 27-May 3. Here’s what’s...more

Troutman Pepper Locke

Harnessing the Power of eDiscovery: The Revolution of AI and Technology in Litigation and Investigations - The Consumer Finance...

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Locke Partners Joseph DeFazio and Jason Manning, along with Alison Grounds, founder and managing partner of Troutman Pepper Locke’s...more

Minerva26

How Do Cookies and the Meta Pixel Impact Discovery—and What Must Litigators Know to Handle Them?

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Cookies and pixels used to track user data on the internet are quickly becoming a source of ESI that litigators need to understand and consider how to handle in discovery. In In re Meta Pixel Healthcare Litigation, plaintiffs...more

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