Amended Rules Five Months Later: Early Trends in Case Law and What It Means
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
Proportionality: Why Considering Value of Case Is Important in Discovery—Judge Baylson
In the frenetic field of eDiscovery, legal professionals are being increasingly pressured to balance legal and regulatory requirements with the promise of new technologies that raise complex questions about privilege,...more
How much is “too much” when it comes to punishment? From Virginia courts to the U.S. Supreme Court, judges have wrestled with punitive damages and the fine line between deterrence and excess. This article walks through...more
Recent developments in eDiscovery case law highlight significant trends, including the challenges of discovery protocols in artificial intelligence and antitrust litigation, evolving court approaches to attorney conduct and...more
The use of AI in eDiscovery introduces opportunities and challenges, particularly when it comes to defensibility. Legal practitioners must be prepared to justify their use of AI tools under both ideal and adversarial...more
In 2024, the Florida Supreme Court changed the Florida Rules of Civil Procedure, aligning them with federal standards in many areas. One of those areas was the scope of discovery. What was once an expansive often burdensome...more
A federal court in Illinois granted Juul Labs, Inc. and HS Wholesale, Ltd.’s motion to dismiss Power Buying Dealers USA, Inc.’s claims of price discrimination. Power Buying Dealers USA, Inc. v. Juul Labs, Inc., 2025 WL...more
This alert discusses two recent significant developments at either end of the UK sanctions spectrum, covering off designation (a recent Supreme Court decision providing important guidance as to the assessment of...more
Plaintiffs’ attorneys often hope to put a famous face on the business end of lawsuits against corporate defendants. The sight of a celebrity from the business world answering uncomfortable questions creates courtroom drama...more
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
Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more
Collecting data from mobile devices presents unique challenges that legal teams can’t afford to overlook. From rapidly evolving technology to privacy concerns, navigating mobile collections requires a thoughtful, defensible...more
Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules...more
eDiscovery case law disputes are in full bloom! In our April 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to proportionality of discovery requests, lack of cooperation...more
Mobile devices have fundamentally reshaped how we communicate, work, and live. With 91 percent of Americans owning a smartphone and spending nearly five hours per day on these devices, mobile devices have become integral to...more
Many employers have turned to geolocation tools like GPS devices to monitor employees’ whereabouts and movements – especially those working remotely or in field-based roles. While these tools provide an effective way to boost...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 December 8-14. Here’s what’s...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 November 10-16. Here’s what’s...more
On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more
Join Us for eDiscovery Convergence 2024! This event is proudly hosted by the Ontario Digital Evidence and eDiscovery Working Group (DEED) and the Toronto Chapters of The Association of Certified eDiscovery Specialists...more
As the cost associated with e-discovery continues to rise, the focus on proportionality has become much more common. This presentation will offer best practices for engaging in proportionality discussions and successfully...more
The Sedona Conference (TSC) and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure recently published their Commentary on Proportionality in Cross-Border Discovery (Commentary)...more
Navigating the dynamic landscape of insider risk management requires a nuanced understanding of organisational dynamics, culture and regulatory imperatives. The costs (both direct and indirect) of getting it wrong are high,...more
In the evolving landscape of digital information, eDiscovery has become an essential aspect of legal processes, serving as a crucial tool for uncovering relevant evidence in litigation. However, with the rapid growth of...more
The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...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 week of March 3-10. Here’s what’s...more