Popular, Evidence

Cooperate, protect, and challenge: Responding to dawn raids conducted by EU competition authorities

McDermott Will & Schulte on 8/13/2025

Dawn raids conducted by antitrust authorities are stressful events. Among other issues, the ensuing investigations consume significant time and effort and often result in high fines for the companies involved. It is therefore...more

GENIUS Act Signed Into Law: A Game Changer for Legal Discovery and Information Governance

EDRM - Electronic Discovery Reference Model on 7/23/2025

ComplexDiscovery Editor’s Note: President Trump’s signing of the GENIUS Act sets a new course for professionals in eDiscovery, cybersecurity, and information governance. By formalizing federal oversight of...more

Israel Competition Authority Intensifies Enforcement Measures and Indicts Schestowitz VP for a Suspected Cartel in the Food Sector

Barnea Jaffa Lande & Co. on 7/17/2025

The Israel Competition Authority (ICA) conducted a thorough investigation of the S. Schestowitz Group, an Israeli company in the food and consumer goods sector, due to suspicions the company operated a cartel in the food...more

The Future is Now: Why Trial Lawyers and Judges Should Embrace Generative AI Now and How to Do It Safely and Productively

EDRM - Electronic Discovery Reference Model on 6/27/2025

Introduction: The Urgency and Promise of Generative AI in Law - The unprecedented rapid advancement of generative artificial intelligence (AI) worldwide presents the legal profession with a pivotal opportunity for...more

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

DarrowEverett LLP on 6/17/2025

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

Venue Fatal in Crypto Fraud Case: An Important Legal Challenge Relating to Decentralized Platforms

Venable LLP on 6/5/2025

On May 23, 2025, the District Court for the Southern District of New York (SDNY) overturned a jury verdict against Mango Markets trader Avraham Eisenberg, granting a motion for judgment of acquittal based on venue...more

Navigating the UPC’s evidence minefield: when confidentiality issues clash with procedural deadlines

A&O Shearman on 4/24/2025

In July 2024, the UPC Court of Appeal (CoA) clarified its procedural rules surrounding evidence preservation and confidentiality. It confirmed that the deadline for bringing an action on the merits only starts to run after...more

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

EDRM - Electronic Discovery Reference Model on 3/13/2025

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

New Jersey Appellate Division Makes Clear Experts Must Demonstrate a Scientifically Recognized Methodology

Blank Rome LLP on 2/6/2025

Recently, the New Jersey Appellate Division, in Dorrell v. Woodruff Energy, Inc., vacated a 2018 judgment against Chevron U.S.A., Inc. (“Chevron”) that had found Chevron liable for gasoline contamination. More specifically,...more

IP Alert: Federal Circuit Addresses Inventorship and Conversion Claim from Industry Summit

Fitch, Even, Tabin & Flannery LLP on 1/23/2025

On January 13, in BearBox LLC v. Lancium LLC, the Federal Circuit addressed issues related to inventorship and state law conversion claims that stemmed from exchanges between two individuals, Mr. Storms and Mr. McNamara, at...more

U.S. Supreme Court Clarifies That Employers Are Not Required to Meet Heightened Standard of Proof to Establish an FLSA Exemption...

Morgan, Brown & Joy, LLP on 1/22/2025

Employers do not need to meet a heightened standard of proof to establish an exemption from the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled in E.M.D Sales,...more

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/16/2025

On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more

Designing Generative AI for Legal Professionals: Key Principles and Best Practices

EDRM - Electronic Discovery Reference Model on 11/12/2024

Generative AI is transforming the landscape of legal technology, offering unprecedented opportunities to automate tasks and streamline complex workflows. Yet, designing AI tools that truly meet the needs of legal...more

Cracking the Code on Modern Attachments in eDiscovery

Cimplifi on 9/12/2024

Modern attachments, in Google Workspaces and Microsoft Office, have long posed significant challenges in eDiscovery. They are not actual files attached to an email or message but are links pointing to files stored elsewhere....more

‘No Evidence’: Judges Toss KU Researcher’s Conviction; Reinstatement Battle Is Next

Health Care Compliance Association (HCCA) on 8/6/2024

“I am writing with good news!!! Yesterday, the 10th Circuit overturned Franklin’s only remaining conviction and ordered the trial judge to enter a verdict of NOT GUILTY!!! After five long and difficult years, Franklin has...more

ChatGPT’s Surprising Ability to Split into Multiple Virtual Entities to Debate and Solve Legal Issues

EDRM - Electronic Discovery Reference Model on 6/28/2024

One of the most important emergent intelligence abilities of OpenAI’s ChatGPT is its bizarre ability to split into different sub-personalities, like different minds, and then speak with each other. They can even be made to...more

Blockchain Analysis and Related Expert Testimony Admissible In Criminal Trial

Ballard Spahr LLP on 3/19/2024

It is challenging for law enforcement to track down and trace illicit activities conducted through digital currencies. The process can be very time- and resource-intensive. Further, securing charges and arrests, and...more

OpenAI Generates a ‘Hired Gun Hacker’ Defense to the N.Y. Times Copyright Case

EDRM - Electronic Discovery Reference Model on 3/12/2024

Most everyone in the AI and legal worlds by now knows about the New York Times (“NYT”) suit against Microsoft and various Open AI entities (“OAI”). The NYT alleges copyright infringement by the practice of OAI, and most all...more

More Than Algorithms: The Human Expertise Amplified by Legal Technology

EDRM - Electronic Discovery Reference Model on 3/6/2024

The digital age has transformed the legal landscape, and nowhere is this change more evident than in the realm of eDiscovery. Mountains of data now hold the key to legal battles, demanding sophisticated tools to navigate this...more

Cross-Border Transfer of Evidence from Mainland China under International Commercial Dispute Resolution Scenarios

Mayer Brown on 1/22/2024

Cross-border transfer of evidence in litigation or arbitration proceedings is no longer innocuous in today’s world, with countries frequently at odds with each other over data security regulations. This was unexpected a...more

[Webinar] A Tech Lawyer and Information Scientist Walk Into a Bar; they Discuss ChatGPT, its Promise, Ethical Considerations and...

EDRM - Electronic Discovery Reference Model on 5/22/2023

1. SUMMARY OF INSIGHTS SO FAR. A scientist and tech lawyer impressions of ChatGPT, with emphasis on how it may impact the law going forward. a. RL - "These are ALMOST the Droids we’ve been looking for!" (i) Impressed by...more

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