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Association of Certified E-Discovery...

[Event] eDiscovery Convergence 2024: From Basics to Breakthroughs in eDiscovery - November 20th, Toronto, ON, Canada

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

EDRM - Electronic Discovery Reference Model

Court-Ordered Production of a “Destruction/Unavailable” Log

I have never heard of a “destruction/unavailable” log; however, in the comprehensive – indeed, exhaustive – decision of Leprino Foods Co. v. Avani Outpatient Surgical Center, Inc., 2024 WL 4488711 (C.D. Ca. Sep. 30, 2024),...more

Stoel Rives LLP

The Importance of Staying Organized for Discovery

Stoel Rives LLP on

Most companies, hopefully, have a low risk of litigation. However, when litigation is unavoidable, it is important to be as prepared as possible to mitigate expenses and potential liability. Discovery—the process of...more

Association of Certified E-Discovery...

[Event] Bridging Communication Gaps in E-Discovery: Are We All Speaking the Same Language - October 22nd, New York, NY

ACEDS New York and BakerHostetler invite you to join us for a lively discussion among panelists representing various stages of the E-Discovery process. This event will convene leading professionals from diverse segments of...more

Association of Certified E-Discovery...

Are Hyperlinked Files the Same as Attachments? A Court Weighs In on eDiscovery Challenges

A recent decision from the Northern District of California, UAB “Planner5D” v. Meta Platforms, Inc. addresses a growing challenge in ediscovery: whether hyperlinked files embedded in emails and other documents are the same as...more

EDRM - Electronic Discovery Reference Model

Self-Collection, Discovery About Discovery, and Curative Sanctions

EEOC v. Formel D USA, Inc., 2024 WL 4172527 (E.D. Mich. Sept. 12, 2024), addressed several interesting issues. Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery;...more

Association of Certified E-Discovery...

Worried About Waiving Privilege via Inadvertent Production? You’ll Want to Read This.

In this week’s Case of the Week, I dive into a critical decision from FTC v. Amazon.com, Inc. (August 1, 2024), which underscores the precarious nature of privilege in document production—particularly in the context of...more

EDRM - Electronic Discovery Reference Model

Possession, Custody, or Control of Responsive Information by States Suing Meta

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. Cal. 2024), applies the “legal control” standard to Fed.R.Civ.P. 34 discovery...more

HaystackID

[Webinar] 6 AI Workflows to Enhance ESI Discovery - September 18th, 11:00 am CDT

HaystackID on

Legal professionals in cybersecurity, information governance, and eDiscovery face escalating data volumes, data security challenges, high eDiscovery costs, and information management inefficiencies. With AI-enabled workflows,...more

TransPerfect Legal

[Webinar] eDiscovery in Construction Disputes: Best Practices for Challenging Data Sources - September 12th, 12:00 pm - 1:00 pm ET

TransPerfect Legal on

Construction disputes raise particularly challenging eDiscovery issues due to the diverse data types often involved, including CAD/design files, construction-specific project management databases, mobile phone data, and large...more

EDRM - Electronic Discovery Reference Model

August’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published August 21, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

EDRM - Electronic Discovery Reference Model

[Webinar] Modern Attachments or Old-Fashioned Hyperlinks? How to Navigate the eDiscovery Challenges of Linked Files in Email and...

The so-called “modern attachments” found in emails, collaboration software platforms like Slack and MS Teams, and other digital formats are presenting interesting and frustrating challenges for legal professionals in terms of...more

EDRM - Electronic Discovery Reference Model

July’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published July 24, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

The Standard for In Camera Review of Assertedly Privileged Documents

The purpose of a privilege log is to provide sufficient information for the recipient of the log to determine whether the withheld information is, at least on its face, privileged.  In short:  “Trust, but verify.”  See,...more

EDRM - Electronic Discovery Reference Model

Garden Variety: Byte Fed. v. Lux Vending

My esteemed colleagues, Kelly Twigger and Doug Austin, both posted about a recent discovery decision out of a federal district court in Florida, case no. 8:23-cv-102-MSS-SPF, styled, Byte Fed., Inc. v. Lux Vending LLC. and...more

EDRM - Electronic Discovery Reference Model

June’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published June 18, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

ESI Protocol Dispute – “Modern Attachments” and the “Humpty Dumpty Issue”

In Re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, 2024 WL 1772832 (N.D. Cal. Apr. 23, 2024), resolved a dispute over so-called “modern attachments” based on impressive and comprehensive technical...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

General Data Protection Regulation Guidelines

Parties that have possession, custody, or control of evidence potentially relevant to U.S. litigation or investigations are typically required to identify, collect, preserve, and produce such evidence (with limited...more

EDRM - Electronic Discovery Reference Model

Cloud Attachments: Versions and Purview

[EDRM Editor’s Note: The opinions and positions are those of Craig Ball. This article is republished with permission and was first published on April 8, 2024.] Last week, I dug into Cloud Attachments to email, probing the...more

EDRM - Electronic Discovery Reference Model

Sometimes Discovery Disputes Do Not Bring Out the Best in Us.

That is what makes the recent decision in M1 Holdings, Inc. v. Members 1st Fed. Credit Union, 2024 WL 182220 (N.D. Ill. Jan. 17, 2024), interesting.  Both of the disputing litigants were ordered to state under oath that they...more

Esquire Deposition Solutions, LLC

Document Translation Challenges in Modern Litigation

The increasing globalization of business, through Internet-based commerce and the activities of multinational corporations, has made it more likely than ever that litigators in U.S. courts will be confronted with documents...more

EDRM - Electronic Discovery Reference Model

March’s Notable Cases and Events in E-Discovery

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel...more

EDRM - Electronic Discovery Reference Model

Privilege Logs: New Techniques to Achieve Proportionality – The “Certification Log”

Privilege logs have been getting a lot of attention, with good reason. “Privilege logging is arguably the most burdensome and time consuming task a litigant faces during the document production process.”  The Sedona...more

Association of Certified E-Discovery...

Everything’s New—Except Production Formats

Historically, productions come in the form of single page images along with loadfiles containing select metadata (and occasionally native documents for items that couldn’t be imaged). The images typically had Bates labels and...more

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