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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

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

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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

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

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

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

DarrowEverett LLP

Before You Hit ‘Record’: Legal Risks In Using AI Notetaking Tools

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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

Troutman Pepper Locke

Microsoft 365 eDiscovery Updates‎

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eMerge recently hosted a webinar exploring the latest changes to Microsoft 365 Purview's eDiscovery solution. Our panel of attorneys and technologists examined the nature of these updates and discussed the preparatory steps...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

Nextpoint, Inc.

Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down a key antitrust ruling in De Coster v. Amazon.com, where a judge ordered 54 of 85 documents reviewed in camera to be...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

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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 11-17. Here’s what’s...more

Array

Beyond Transcripts: The Strategic Role of Service in Court Reporting

Array on

Court reporting is more than a logistics exercise - it’s a critical component of case strategy. In today’s litigation landscape, where deadlines are compressed, teams are stretched, and expectations are high, the service...more

Nextpoint, Inc.

Key Discovery Points: Be Willing to Agree and Compromise When It Comes to Hyperlinks

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today explore a key stipulation from the In re Uber Techs. Passenger Sexual Assault Litigation that’s reshaping the handling of...more

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

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In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...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

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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 27-May 3. Here’s what’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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