Just Press "Play"
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
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 July 13-19. Here’s what’s...more
Expect fireworks with this month’s eDiscovery case law disputes! In our July 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to improper boilerplate objections,...more
In Terra Management Group v. Keaten the Colorado Supreme Court held on June 23 that a “court may sanction a party for the destruction of relevant evidence if the party knew or should have known that (1) litigation was pending...more
In a recent opinion, the Colorado Supreme Court set a new standard for preserving evidence even before litigation begins....more
The Towns of Sunnyvale and Mountain View, California (collectively, “Cities”) filed a January 17th Pleading against San Francisco Baykeeper (“Baykeeper”) styled: Defendants’ Motion for Sanctions for Spoilation of...more
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
Disputes related to the relevance and accessibility of the data are one of the most common types of disputes regarding mobile devices. Another common type of dispute is typical with all sources of electronically stored...more
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
Litigators, take note—Rule 26(a) is not just a box to check in the early stages of discovery. Failing to comply with its initial disclosure requirements can have disastrous and expensive consequences, as U.S. Bank recently...more
Parties involved in Patent Trial and Appeal Board (PTAB) proceedings sometimes contemplate submitting experimental data to support their positions. Although such data can be useful, there also are risks. Several recent cases...more
No need for blarney, we have six great cases! In our March 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to sanctions over spoliated video evidence, quashing subpoenas of...more
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
Given how critical depositions are to the legal process, it stands to reason that fair deposition practices are paramount to a legal team’s success. However, several forms of unethical and unfair conduct can emerge during...more
On 28 January 2025, Justice Asif KC ("Asif J") handed down his judgment in Bradley and Another v Frye-Chaikin [2025] CIGC (Civ) 5 in which the Grand Court of the Cayman Islands (the "Court") commented for the first time in a...more
Despite clear judicial warnings and sanctions, legal professionals continue to submit AI-generated court documents with fabricated content. This disturbing trend, exemplified by cases like Mata v. Avianca, threatens the...more
The Arizona Court of Appeals recently held that in a deposition, a party must answer any relevant, non-harassing question, unless the answer is privileged. Attorneys are on notice that sanctions are fair game if they instruct...more
The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...more
When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The...more
U.S. Eleventh Circuit Court of Appeals - Baxter v. Hendren - appellate jurisdiction, not pursuing claim, § 1983, excessive force, battery...more
U.S. Eleventh Circuit Court of Appeals - Joseph v. Ga Bd of Regents - Title IX, implied right of action, sex discrimination - Project Veritas v. CNN - defamation, Twitter deplatform - USA v. Maisonet - sentencing - ...more
U.S. Eleventh Circuit Court of Appeals - USA v. Hill - evidence, theft, false claim - Gilmore v. Ga DOC - en banc grant, vacating this qualified immunity decision - Johnson v. Terry - Bivens claims, rehearing...more
[Editor’s Note: This article was first published September 25, 2024, 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...more
U.S. Eleventh Circuit Court of Appeals - USA v. Holland - hearsay, coconspirators - USA v. Moore - theft of property, maritime, jury instruction - USA v. Cenephat - evidence, other bad acts; sentencing- Corbitt v....more
U.S. Eleventh Circuit Court of Appeals - McCreight v. Auburn Bank - employment; sex, age discrimination, mixed motives - USA v. Butler - right to self-representation; drug possession evidence - Turner v. Jordan - ad...more