Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
No Password Required: SVP at SpyCloud Labs, Former Army Investigator, and Current Breakfast Champion
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Key Discovery Points: AI Says AI Will Replace Paralegals… But Not So Fast!
A Less is More Strategy for Data Risk Mitigation
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
What are Some of the Concerns With Applying AI to Document Review?
Biggest Benefits of Applying AI to Document Review
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
Key Discovery Points: Even AI Experts Can Get Faked Out
Data Retention and Document Holds
Requesting Cloud Data from Third Parties? Here’s What Every Litigator Needs to Know About the SCA
Innovation in Second Requests: Data is Your Greatest Asset
Key Discovery Points: No Need to Be Leery About AI
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
No Password Required Podcast: Senior Security Researcher at Nokia and Guardian of Secure AI Networks
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
No Password Required: Director and Cybersecurity Adviser at KPMG and Rain Culture Authority
ComplexDiscovery Editor’s Note: The March 2025 Hart-Scott-Rodino (HSR) filings dropped to 89 transactions, marking the lowest monthly total since the early months of the COVID-19 pandemic in April and May 2020. This...more
Legalweek 2025 Session Recap - What does it mean to trust AI? According to AI expert Ron Brachman, “it’s when technology demonstrates consistent behavior over time.” Trust is a cornerstone of any successful AI deployment....more
On this episode, we sit down with Trevor Hilligoss, director of security research and the research and innovation division of SpyCloud Labs. From his beginnings in the Army Criminal Investigation Division to his leadership...more
The conversation around Artificial Intelligence in the legal industry has moved rapidly from theoretical potential to practical reality. Generative AI (GenAI), once a novel concept, now dominates discussions and is actively...more
While Legal Transcriptionists can be hired internally, working with an established service provider helps ensure the highest reliability, efficiency, and accuracy. Your transcription needs can change at the drop of a...more
eDiscovery case law disputes are in full bloom! In our April 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to proportionality of discovery requests, lack of cooperation...more
If your legal department handles complex litigation or regulatory matters, you already know that eDiscovery is more than a back-office function – it’s a critical business risk that touches data governance, compliance, IT, and...more
Historically, managing complex litigation has been complicated by overwhelming data volumes, inefficient workflows, and high costs associated with manual review and analysis. Legal teams have faced challenges in identifying...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 March 30-April 5. Here’s what’s...more
Whether we refer to them as “linked documents” or “modern attachments,” gathering the information contained in these files poses an increasing challenge in the ever-evolving e-discovery landscape. I had the privilege of...more
Legal Week (formerly LegalTech) had over 6,000 attendees last week, with virtually all the vendors either promoting AI Tech or using AI to enhance existing services....more
What exactly is data exfiltration, and why should organizations be concerned about it? Data exfiltration is the movement or migration of company-owned trade secrets or intellectual property outside of the enterprise. It...more
When employees depart – voluntarily or involuntarily – they often leave behind a digital footprint that may be critical to investigations, litigation, or regulatory compliance. Ensuring their data is properly identified,...more
Mobile devices have fundamentally reshaped how we communicate, work, and live. With 91 percent of Americans owning a smartphone and spending nearly five hours per day on these devices, mobile devices have become integral to...more
Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery. In this riveting breakdown of...more
ComplexDiscovery Editor’s Note: Apple’s aggressive stance on privacy has earned both praise and penalty, most recently, a €150 million fine from the French Competition Authority. This significant enforcement action challenges...more
In litigation, especially in dealing with E-Discovery, the importance of an effective electronically stored information agreement (“ESI Agreement”) between the parties is a must to help prevent discovery disputes. This is...more
In the autumn of 2023, a storm brewed between two tech titans. Nokia, the Finnish telecommunications stalwart, filed lawsuits across four continents, alleging that Amazon’s streaming services—Prime Video and Twitch—had woven...more
As a Vice President of Regional Sales at Purpose Legal, I spend a lot of time speaking with legal teams about their biggest concerns when it comes to AI in eDiscovery. Whether I’m meeting with corporate legal departments, law...more
Need Assessment, Vetting, and Identification of a Reliable Expert in the Digital Forensics Process - Whether your organization is looking for advisory and expert support for an internal investigation into allegations of...more
A privilege log is a critical component of the discovery process,. It provides a line-by-line account of confidential communications, documents, and other materials that have been withheld or partially redacted due to claims...more
In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake...more
If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more
Delaware Governor Matt Meyer signed into law substantive amendments to Section 220 of the Delaware General Corporation Law (Section 220), the statute that allows stockholders of corporations organized under Delaware law to...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 March 23-29. Here’s what’s...more
Ryan Nichols kicked off the webinar with an overview of the latest product updates to Reveal’s web data processing platform. He also touched on how these advancements are addressing common problems often seen in the...more
As a CFO, managing costs without sacrificing efficiency is always a priority. One of the biggest cost drivers in eDiscovery is data volume —the more data you have, the more expensive it is to process, host, and especially...more
What is your first instinct when your TAR model performs poorly on a control set? A commonly held view is that more training data (read: more review effort) would help push the performance in terms of Recall and Precision...more
Malicious insiders are the silent threats lurking within organizations—employees, contractors, or partners with privileged access who can cause devastating data breaches. With the rise of remote work and mobile-first business...more
The February edition of Eye on ESI featured my regular cohost Michael Quartararo, president of ACEDS as well as our special guest Rose Jones, partner at Hilgers Graben Law Firm. Jones, who specializes in crisis management,...more
On Jan. 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency and impact the setting of cases for trial, case management, discovery practice,...more
The District of Delaware recently denied in part a motion to compel production of documents and testimony between a patentee and potential investors, valuation firms and an international bank based on the common interest...more
Picture this: A corporate investigator stares at a mountain of digital evidence—emails, chat logs, spreadsheets, and mobile device data. With a sigh, they prepare for weeks of painstaking manual review, knowing that the clock...more
In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing Order that, absent good cause, parties “shall use” one of the...more
Join ACEDS and TRU Staffing Partners for a monthly interactive discussion on industry trends - Jared Coseglia, founder and CEO of TRU Staffing Partners and agent to thousands of e-discovery, privacy, and cybersecurity...more
George Orwell warned us in his dark masterpiece Nineteen Eighty-Four how effortlessly authoritarian regimes could erase inconvenient truths by tossing records into a “memory hole”—a pneumatic chute leading directly to...more
The question of how to handle “modern attachments” has become the hot topic that’s sweeping the ediscovery landscape this year. Major litigation involving Uber Technologies has led to extensive conversations on how to...more
It goes without saying, workplace communication has transformed. Gone are the days when structured emails dominated business interactions. Today, collaboration tools like Slack, Microsoft Teams, and Google Chat have taken...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 March 16-22. Here’s what’s...more
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today dive into a recent court ruling in Riviera v. Costco Wholesale Corp. – where a plaintiff's request for an independent forensic...more
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today dive into Deep Research’s bold prediction: AI could replace paralegals – coming in at #5 on the list of replaceable jobs...more
Trial outcomes often hinge on witness testimony. Attorneys collect much of this testimony during a formal process called a deposition. A critical component of discovery, depositions traditionally occur in law offices or...more
Document collection and production now involves more than just sending opposing counsel emails. As business communication has evolved, so has the need for producing from various and evolving streams of communication. Text...more
The increasing sophistication of digital manipulation and AI-generated content has brought a new challenge to eDiscovery and legal professionals: fake evidence. From deepfakes and shallow fakes to fabricated emails, text...more
Gen AI has emerged as a dominant force, reshaping legal practices and workflows. 80% of legal professionals now rate themselves as knowledgeable about AI, reflecting growing confidence in the technology. 74% of respondents...more
On March 25, 2025, Senate Bill 21, which significantly amends the Delaware General Corporation Law (DGCL), passed the Delaware General Assembly and was signed into law by Governor Matt Meyer....more
It is an honor to collaborate once again with ACEDS on their third annual Artificial Intelligence survey. This marks Secretariat’s first year as a sponsor, and my third time leading the survey and writing this summary. We are...more
Welcome to Multidimensional Data Reversion, a four-part podcast series from Ropes & Gray’s Insights Lab where data analysis intersects with the law. On this first episode, join Shannon Capone Kirk, managing principal and...more
When it comes to confidence assessments from LLMs, scoring predictions is essential. The most important thing is not the scores themselves, but the resulting ranking these scores produce. Once our model (TAR 1.0, TAR 2.0,...more