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Electronically Stored Information Litigation Strategies Evidence

Association of Certified E-Discovery...

Cracking the Code on ESI

The volume of “documents” relevant to litigation and government investigations has exploded due to electronic data, leading to a significant shift in the discovery process. What once required a trip to a client’s filing...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

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

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

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

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

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

Array

This Week in eDiscovery: ESI Protocol Stops “Dump Truck” Production | Modern Attachment Challenges and Solutions

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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 April 13-19. Here’s what’s...more

Minerva26

BYOD Battle Lines: What Allergan v. Revance Teaches About Discovering Evidence on Employees’ Personal Phones

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Does your bring-your-own-device (BYOD) policy quietly wall-off the best evidence in your next case? A March 17, 2025 Special-Master ruling in Allergan, Inc. v. Revance Therapeutics, Inc. says it might—denying a motion to...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

Nextpoint, Inc.

You say “Modern Attachments,” I say “Hyperlinks” – Can’t We Just Link Up and Get Along?

Nextpoint, Inc. on

The question of how to handle “modern attachments” has become the hot topic that’s sweeping the ediscovery landscape this year. Major litigation involving Uber Technologies has led to extensive conversations on how to...more

Ankura

Authenticated E-Discovery: Utilizing Blockchain for Robust Security and Trust in Digital Evidence

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The digital age has transformed legal proceedings, making e-discovery a critical component of modern litigation and investigations. Maintaining the reliability and admissibility of digital evidence requires robust and...more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 1

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One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more

EDRM - Electronic Discovery Reference Model

The Final Challenge: How GenAI Crafted BP’s “Impossible” Closing Argument

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

EDRM - Electronic Discovery Reference Model

Uber Technologies – Another Hyperlink Decision

In In Re: Uber Technologies, Inc. Passenger Sexual Assault Litigation, 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties’ ESI Protocol.  While...more

EDRM - Electronic Discovery Reference Model

Trial Exhibit Management

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

EDRM - Electronic Discovery Reference Model

Requesting Parties Are Denied “Input” Into Producing Party OpenAI’s Search Terms

In Tremblay v. OpenAI, Inc., 2025 WL 635335 (N.D. Cal. Feb. 27, 2025), plaintiffs, the requesting parties, sought to have input in determining search terms to be used by defendant, the producing party. Based on “the specter...more

Pagefreezer

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

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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

Minerva26

The Cost of Ignoring Mobile Device Discovery

Minerva26 on

For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to...more

U.S. Legal Support

How to Choose the Right Trial Technology Partner

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In 2025, technology holds a well-established place in the legal profession. And even though there are headlines about emerging tech itself being on trial, the pros of Artificial Intelligence (AI), Machine Learning (ML), and...more

Association of Certified E-Discovery...

Navigating AI in the Judiciary: What E-Discovery Professionals Need to Know

Artificial intelligence is transforming how legal professionals work—and now, it’s shaping how judges approach their role in the courtroom. With the release of Navigating AI in the Judiciary: New Guidelines for Judges and...more

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Government Plaintiffs’ Closing

Our exploration of generative AI in trial preparation has demonstrated how Large Language Models can analyze complex materials to generate sophisticated closing arguments. We began by showing how to overcome traditional LLM...more

EDRM - Electronic Discovery Reference Model

Another Approach to Drafting and Discovery of Litigation Hold Notices

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more

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