Introduction Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you
Navigating Social Media Discovery and Generative AI in the OpenAI ChatGPT Litigation Read More »
United States Magistrate Judge Sean Flynn’s recent decision in Byte Fed., Inc. v. Lux Vending LLC, is another in a long line of cases enforcing the 2015 amendments to the
More Evidence that the Continued Use of General Objections Risks Waiver in eDiscovery Read More »
Hyperlinked files within electronic communications pose three significant challenges in ediscovery that had been previously unanswered by a thorough judicial analysis: 1) whether a hyperlinked file is an “attachment” that
In the intricate world of legal proceedings, the duty to preserve evidence plays a pivotal role, particularly when it involves video evidence that can unequivocally substantiate claims or defenses. The
New Case Law Effectively Requires Video Retention Policies and Programs Read More »
In the realm of litigation, the management of electronically stored information (ESI) is a pivotal component that can significantly influence the trajectory and outcome of a case. The recent ruling
This week, we’re delving into the post-2015 landscape of discovery objections and the critical lessons from Bocock v. Innovate Corp., a case that serves as a stark reminder of the
Still Using General Objections? See How One Party’s Use Led to Waiver Read More »
In a recent exploration of the complexities surrounding the FRE 502(d) order and the intricacies of privilege in eDiscovery, we delve into the critical case of Lubrizol Corp. v. IBM
Navigating the Complexities of FRE 502(d) and the Duty to Preserve in eDiscovery Read More »
[Editor’s Note: This article has been republished with permission. It was originally published February 8, 2024 on the eDiscovery Assistant Blog] In Episode 131 of Case of the Week, CEO
Can Failing to Produce a Privilege Log Lead to Waiver of Privilege and Sanctions? Read More »
[Editor’s Note: This article has been republished with permission. It was originally published January 18, 2024 on the eDiscovery Assistant Blog] In Episode 129 of Case of the Week, Kelly
How Delaying Third Party Discovery Can End Up Costing You Dearly Read More »
[Editor’s Note: This article has been republished with permission. It was originally published December 20, 2023 on the eDiscovery Assistant Blog] In Episode 127, on the ACEDS and eDiscovery Assistant
Does FRE 502(d) Allow a Party to Shift the Privilege Burden? Read More »