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Litigation Strategies e-Discovery

Skadden, Arps, Slate, Meagher & Flom LLP

Robo-Counsel: Court of Chancery Cautions Litigants About Using Generative AI To Draft Court Filings

Almost overnight, generative artificial intelligence (GenAI) has become ubiquitous in numerous aspects of life, both personal and work-related. Nearly all major law firms have begun to explore and, in many instances, have...more

Lighthouse

Modern Data Collection Challenges in Litigation

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Learn about the most pressing data collection challenges for litigators at AmLaw 200 firms along with practical steps and workflows to help you manage data in platforms such as Slack and Google Workspace....more

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

Zelle  LLP

Florida’s Rules of Civil Procedure Have Some Changes

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Recently, Florida lawmakers enacted amendments to the Florida Rules of Civil Procedure. Rule 1.280 addresses initial disclosures and now imposes stricter obligations on parties to timely exchange them. Effective January 1,...more

Esquire Deposition Solutions, LLC

New York Courts Promote Technology for Document-Heavy Litigation

There was a time not long ago when parties resisting a remote deposition would argue that their deposition was “document heavy” and thus unsuitable for remote proceedings. As recently as 2016, a leading treatise on commercial...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

Pagefreezer

If You’ve Ever Asked Your Paralegal to Screenshot a Facebook Profile... Please Read This

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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

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

Array

This Week in eDiscovery: A Self-Collection Warning | ‘Sufficient to Show’ Requests

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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 29-July 5. Here’s what’s...more

Esquire Deposition Solutions, LLC

When AI Productivity Collides With Professional Reputation

Are you feeling “left behind” or possibly irrelevant because you’ve yet to integrate artificial intelligence into your law firm’s operations? You could easily feel that way after reading the 2025 Future of Professionals...more

Nextpoint, Inc.

Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence

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In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today discuss how courts are beginning to address the challenges of AI-generated evidence, including deepfakes. Drawing from the...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

Top 5 Questions Law Firms Should Ask When Choosing a Court Reporting Provider

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In today’s fast-moving legal landscape, where precision, speed, and dependability are critical, choosing the right court reporting provider can significantly impact a law firm’s outcomes and reputation. Yet too often, the...more

Nextpoint, Inc.

Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a court’s bold move in the Meta Pixel healthcare case – ordering the production of third-party cookie data tied to...more

Array

Forging the Path Forward: My Journey Through the Evolution of eDiscovery and Legal Service Delivery

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When I first entered the legal services space over 18 years ago, eDiscovery wasn’t the structured, tech-driven process we know today – in fact, I didn’t even know what it was at the time. Like many of us back then, I learned...more

Esquire Deposition Solutions, LLC

Generative AI Shines With Deposition Transcript Summaries

Notwithstanding frequent “hallucinations” and the consequent embarrassment of getting caught relying on court rulings that do not exist, generative artificial intelligence is nevertheless fast becoming a familiar component in...more

Lighthouse

The Five Dimensions of AI Value

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The true value of AI isn’t measured by a single metric or outcome but rather is derived from an interconnected set of goals. Read about five dimensions of value that are making AI critical for your work in eDiscovery and...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...

Navigating eDisclosure in the UK: Practice Direction 57AD, Scope, Challenges and a New Era

In October 2022, the UK legal system marked a significant evolution in its approach to disclosure with the implementation of Practice Direction 57AD (PD57AD). This directive, applicable to the Business and Property Courts of...more

Array

This Week in eDiscovery: Privilege Log Falls Short on Key Entries

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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 15-21. Here’s what’s...more

Lighthouse

Feeling Disillusioned with AI? You’re Not Alone

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In the ever-evolving landscape of technology, GenAI has emerged as a transformative force, promising to revolutionize various industries, including legal. As with any groundbreaking technology, GenAI follows a predictable...more

Epiq

The Case for Virtual and Hybrid Trials: Overcoming Tradition and Embracing Efficiency

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Despite the evolving landscape of legal technology, the legal industry remains one of the most traditional sectors, often resistant to change. However, adoption of technology has never been more paramount, particularly in the...more

Nextpoint, Inc.

Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today discuss key takeaways from Tremblay v. OpenAI, where the court denied plaintiffs’ proposed search terms for a third time. They...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

Rumberger | Kirk

New AI Rule, Old Standard: Proposed Federal Rule of Evidence 707 Aims to Apply Daubert Standard to AI-Generated Evidence

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In response to the rapidly increasing presence of AI-generated outputs in litigation, on June 10, 2025, the U.S. Judicial Conference’s Advisory Committee on Evidence Rules approved for publication for public comment a...more

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