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Key Discovery Points: Be a Team Player When It Comes to Production
Podcast - “I Lied Like a Dog!”
Law School Toolbox Podcast Episode 511: Listen and Learn -- Landlord/Tenant Law (Part 1)
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Podcast - How Do You Define Success?
The Three C’s for Addressing Prior Inconsistent Statements
Understanding Discovery in Commercial Litigation
The JustPod: Defending the "Evil Genius:" A Conversation with Leonard Ambrose
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
Law School Toolbox Podcast Episode 501: Listen and Learn -- Present and Future Estates (Part 1)
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 57 - Wired for Truth: The Art & Science of Polygraphs
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down RIG Consulting, Inc. v. Rogers, where a court called a defendant’s failure to produce Teams messages and emails...more
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
Most great attorneys didn’t get where they are alone. While the best attorneys are no doubt talented and deserving, most of them become so because they have a strong support network, hard at work in the background. And...more
If you’re involved in eDiscovery in any way, you’ve undoubtedly come across JSON files. These files increasingly act as the way in which we access and interact with digital evidence—especially as the limitations of screenshot...more
On January 7th, 2025, Meta announced they will be making major changes to content moderation policies on all their owned platforms, including Facebook: ending third-party fact-checking in the US in lieu of a new "Community...more
There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more
Our latest six eDiscovery case law rulings MAY be our best ever! See what I did there? Our May 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to prolonged lack of cooperation in...more
I have posted five blogs – – with links below – – on In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293 (N.D. Cal. Feb. 20, 2024), subsequent opinion, 2024 WL 1808607 (N.D....more
In one of the opening paragraphs of In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293, at *1 (N.D. Cal. Feb. 20, 2024), the court wrote: At the hearing, the Court...more
In the evolving landscape of the legal industry, the management of electronically stored information (ESI) has become a focal point of discussion and strategy. With the digitization of records and communications, legal...more
In a prior blog, And When I Die…. What Happens to My Social Media?, I discussed Maryland’s “Fiduciary Access to Digital Assets Act” (“MFADAA”). The statute permits the “user” of “digital assets” to authorize a designee to...more
[Editor’s Note: This article has been republished with permission. It was originally published November 9, 2023 on the eDiscovery Assistant Blog] In Episode 123, CEO and Founder of eDiscovery Assistant, Kelly Twigger,...more
It’s time to be thankful – for eDiscovery case law! Our November 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses permissive inference sanctions for destruction of video, sanctions for failing to...more
[Editor’s Note: This article was first published October 18, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more
As of June 2022, Facebook has 1.62 billion monthly active users and sees 8 billion average daily video views from more than 500 million users. While the popular use of social media has increased exponentially over the past...more
The submission of digital evidence traditionally required a sponsoring witness—something that could be time-consuming and expensive. Thankfully, as more and more online content, such as social media posts and chats, play a...more
Remember the story that the Verge broke a few years ago—aka December 2019—about Steph Korey, the Away CEO who stepped down after former employees claimed that she created a “toxic work culture” through Slack messages? Away,...more
For better or worse, social media has become an influential, indispensable part of our professional and personal lives. Its impact upon discovery is growing in parallel. New types of ESI are showing up as relevant evidence,...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
Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources” Are you preserving all of the electronically stored information (ESI) that’s relevant to your litigation matters? What about...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
In our previous blog post about multidistrict litigation (MDL), we discussed the problem of identifying meritless claims and how social media evidence can help counsel identify those claims. But what happens next? After the...more
You know what’s helpful when you’re trying to keep a multimillion-dollar international bribery scheme going? A bachelor’s degree in finance. And, if the allegations against Omar Ambuila and his family are true, he figured out...more
Every litigator yearns for that Perry Mason moment, when we calmly introduce the critical evidence that abruptly changes the course of our trial. Our dog-loser case transforms, as if by magic, into a rock-solid winner winner...more
Do you have FOMO? And do you have FOMO about the right things? Fear of missing out (FOMO) is a pervasive problem in our always-connected world. The Oxford English Dictionary defines FOMO as the “anxiety that an exciting or...more