[Editor’s Note: This article has been republished with permission. It was originally published March 4, 2026 on the Minerva26 Blog] Podcast | Transcript If you or your clients are using generative AI […]
Do You Waive Privilege by Using AI? Two Federal Courts Say It Depends Read More »
[Editor’s Note: This article has been republished with permission. It was originally published January 28, 2026 on the Minerva26 Blog] Podcast | Transcript If you’re still treating text messages like “informal” evidence—something
Get in the Preservation Game Read More »
[Editor’s Note: This article has been republished with permission. It was originally published January 14, 2026 on the Minerva26 Blog] Everyone’s finally past the first question on hyperlinked documents: yes, they’re
Carvana and the New Hyperlink Fight: “Contemporaneous” Isn’t Automatic—It’s Earned Read More »
[Editor’s Note: This article has been republished with permission. It was originally published February 27, 2025 on the eDiscovery Assistant Blog] Why Text Messages and Ephemeral Data Are Now Critical
The Cost of Ignoring Mobile Device Discovery Read More »
This week’s decision in Partners Insight, LLC v. Gill (M.D. Fla., October 28, 2024) tackles an often-overlooked yet essential aspect of ediscovery: manner of production. While much of our focus
The Critical Role of Manner of Production in Litigation Read More »
In complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In re Uber Technologies,
Understanding the Dominant Purpose Test for Determining Whether Privilege Applies Read More »
When litigating high-profile cases, attorneys must tread carefully in handling confidential materials, especially when protective orders are in place. In Cahill v. Nike, Inc., an inadvertent disclosure by counsel to
How the Inadvertent Violation of a Protective Order Led to Sanctions Against Counsel Read More »
In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text
How the Default Settings for the Deletion of Text Messages Can Impact Sanctions Read More »
In Dale v. Deutsche Telekom AG, Magistrate Judge Jeffrey Cole addressed a recurring issue in complex litigation—whether in-house counsel are appropriate custodians in discovery. The October 4, 2024 decision also
In-House Counsel in the Custodian Debate: Balancing Proportionality and Relevance Read More »
In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead
How the Failure to Preserve Led to Production of the Legal Hold Notice Read More »