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e-Discovery Professionals Evidence

Association of Certified E-Discovery...

In-House Counsel in the Custodian Debate: Balancing Proportionality and Relevance

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 highlights...more

Association of Certified E-Discovery...

A Love Letter to the E-Discovery Industry

The following was originally shared by the author as a post on LinkedIn - Dear eDiscovery Industry, This is a love letter to you—an ode to the journey we’ve shared, the paths we’ve walked, and the lessons you’ve taught me....more

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

Integreon

Even GenAI Needs a Mother and Other Takeaways From My Week on the Road

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The last few weeks have been busy, full of face-to-face meetings that have left me energized and inspired. While our new remote world offers countless benefits, more flexibility, and increased collaboration across time zones,...more

Pagefreezer

When Fake Electronic Evidence Is Used in Court

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With the digital realm increasingly shaping both our personal and professional lives, the rise of electronic evidence in legal cases was inevitable. But as technology advances, so do the methods for creating fake digital...more

Association of Certified E-Discovery...

How the Failure to Preserve Led to Production of the Legal Hold Notice

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 to severe sanctions,...more

EDRM - Electronic Discovery Reference Model

Scheduling Orders Are Mandatory; Vital to Caseload Management; and, Enforced Even Where Parties Got Themselves Into a “Pickle” by...

The decision in EEOC v. Hooters of America, LLC, __ F. Supp. 3d __, 2024 WL 4362863 (M.D. N. Car. Oct. 1, 2024), opens with the court’s statement that: The parties jointly ask to extend the discovery deadline and continue...more

EDRM - Electronic Discovery Reference Model

Rising Business Confidence in eDiscovery: Summer 2024 Survey Insights

ComplexDiscovery’s Editor’s Note: The Summer 2024 eDiscovery Business Confidence Survey offers a comprehensive snapshot of the industry, highlighting shifts in business confidence, financial expectations, and technological...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

September’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published September 25, 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...more

HaystackID

From Evidence to Misinformation: Courts Brace for Deepfake Challenges

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As deepfake technology becomes increasingly sophisticated and accessible, courts are now facing unprecedented challenges in distinguishing authentic evidence from AI-generated fabrications. This issue, particularly critical...more

U.S. Legal Support

Litigation Technology: Enhancing Legal Processes

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Law firms today possess access to a wider and deeper collection of technological tools than any prior generation. Within this “golden age of legal technology,”1 one of the most impactful innovations has been the development...more

EDRM - Electronic Discovery Reference Model

E-Discovery 101 – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

Ho v. Jefferson Financial Credit Union, 2024 WL 4119422 (E.D. La. Sept. 9, 2024), provides a succinct summary of the scope of discovery under the December 2015 amendments to the Federal Rules of Civil Procedure.  It –...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

EDRM - Electronic Discovery Reference Model

From Deepfakes to Digital Doubt: How AI Is Challenging the Future of Evidence

ComplexDiscovery’s Editor’s Note: Generative AI is reshaping industries, and the legal community is facing pressing challenges, particularly concerning the authenticity of digital evidence. As AI technology continues to...more

Association of Certified E-Discovery...

The Power of Metadata to Tell a Story: A Crucial Tool for Litigators

In Moore v. Garnand, Inc. (July 3, 2024), the importance of metadata in ediscovery takes center stage. This case highlights why metadata isn’t just a technical detail but a vital piece of evidence in litigation. Metadata,...more

Reveal

[Webinar] How to Avoid an eDiscovery Nightmare - October 10th, 11:00 am - 12:00 pm PDT

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In today's fast-paced corporate environment, in-house legal and privacy teams are under immense pressure to navigate the complexities of eDiscovery. With organizations generating massive volumes of electronic data daily, the...more

EDRM - Electronic Discovery Reference Model

The Problem of Deepfakes and AI-Generated Evidence: Is It Time to Revise the Rules of Evidence? – Part Two

This is the conclusion to a two part article. Please read Part One first. There must be legal recourse to stop this kind of fraud and so protect our basic freedoms. People must have good cause to believe in our judicial...more

EDRM - Electronic Discovery Reference Model

The Problem of Deepfakes and AI-Generated Evidence: Is It Time to Revise the Rules of Evidence? – Part One

On April 19, 2024, the Advisory Committee on Evidence Rules for federal courts faced a critical question: Does AI-generated evidence, including deepfakes, demand new rules? The Committee’s surprising answer—’not yet.’ Was...more

Association of Certified E-Discovery...

[Webinar] From Chaos to Clarity: Tech-Savvy Strategies for Modern Litigation - October 1st, 10:00 am PDT

The intersection of litigation, investigations, and technology is becoming increasingly vital to the success of legal teams. As organizations face mounting pressures from data proliferation, complex regulatory landscapes, and...more

Cimplifi

Review is Dead! Long Live Review!

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The declaration we’ve all heard: “The King is dead, long live the King!” It comes from the traditional proclamation used to announce the death of the reigning monarch and simultaneously hail the ascension of the new monarch. ...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

Cimplifi

Cracking the Code on Modern Attachments in eDiscovery

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Modern attachments, in Google Workspaces and Microsoft Office, have long posed significant challenges in eDiscovery. They are not actual files attached to an email or message but are links pointing to files stored elsewhere....more

EDRM - Electronic Discovery Reference Model

Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol

In Orlando Health, Inc. v. HKS Architects, Inc., 2024 WL 4025379 (M.D. Fl. Sept. 3, 2024), the court denied an unopposed motion to enter a protective order and an unopposed motion to enter an ESI Protocol....more

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