Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
The Growing Role of Social Media in Litigation and How to Prepare for It
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
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 6-12. Here’s what’s...more
In a recent opinion, the Colorado Supreme Court set a new standard for preserving evidence even before litigation begins....more
In a recent decision, In re Facebook Inc. Derivative Litigation, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery imposed litigation sanctions on a former officer and director of Meta Platforms, Inc....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
Filing a motion for sanctions under Rule 37(e) requires a strong evidentiary foundation. But there's another factor that's just as critical — timing. Courts have broad discretion in how they handle sanctions, and...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 September 16-22. Here’s what’s...more
Social media has changed the way we share ideas, the way we get our news, the way we make purchases, and the way we conceptualize ourselves and our community. It has changed the way we keep in touch with our friends and...more
A review of recent case law by EDRM Guardian Partner Exterro’s E-Discovery Case Law Project - Five or so years ago, legal professionals were hearing about “the end of sanctions.” Changes in the Federal Rules of Civil...more
On April 6, 2021, the Western District of Texas ordered that preliminary injunction relief was appropriate to prevent irreparable harm to the plaintiff due to the defendant’s “discovery abuse and related misconduct.”...more
The 10th edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
Use this when the other side tries to dig up dirt on your expert. Collett v. GEICO Cas. Co., 2017 WL 3336614 (E.D. La. Aug. 3, 2017) (denying motion to compel expert witness to testify about fraud allegations that had been...more
While it is possible that with four decades of music, Joni Mitchell’s lyrics have been referenced in a court opinion before, I’d venture a guess that Ms. Mitchell has never made an appearance in an ESI case. That is, until...more
In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more
2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more