E-Discovery LLC

JUNE 16, 2025

First , the moving party must establish that there was a duty to preserve potentially relevant evidence. That duty arises “when a party reasonably should know that the evidence may be relevant to anticipated litigation.” Id. The Court applied a three-part test for imposing spoliation sanctions. Moore made no such showing.

Expert Testimony

Complex Discovery

JULY 16, 2025

Editor’s Note: Google’s deployment of AI-generated summaries in its Discover feed is more than a user experience upgrade—it’s a strategic move with profound implications for information governance, legal discovery, and digital security.

Discovery

E-Discovery LLC

JULY 3, 2025

The Court explained in detail the requirements of a Rule 37(e) motion and then applied them: Plaintiff has failed to put forth sufficient evidence of the four necessary elements to trigger the application of Rule 37(e) at all, let alone proven by clear and convincing evidence the intent required to show she is entitled to the remedies she seeks.

Evidence

E-Discovery LLC

JUNE 25, 2025

Plaintiffs contend that Defendants have failed to comply with their discovery obligations and request that the Court permit third-party forensic imaging of relevant electronic devices (e.g., The raw data will likely have to be processed, ingested by a litigation review platform, and searched.

Discovery

E-Discovery LLC

JULY 11, 2025

The decision is one part of vigorously-litigated [1] discovery in a civil rights lawsuit. The plaintiff, Mr. Hall, alleged that the Baltimore City Police Department and three former officers concealed exculpatory evidence and coerced false testimony in Mr. Hall’s 1992 murder trial. Hall , 2025 WL 1024069, at *2.

Witnesses

E-Discovery LLC

JULY 14, 2025

”Applying the clear and convincing standard, Amazon’s withholding of almost 70,000 documents until the eve of, and after, the April 25, 2025 discovery cutoff—including the documents identified above—was tantamount to bad faith.” s Systematic Abuse of Privilege Claims.” The issue was whether Amazon acted in bad faith during discovery.

Discovery

Complex Discovery

JUNE 26, 2025

Editor’s Note: The following article provides a structured and comprehensive overview of the LegalTechTalk session titled Navigating Emerging Data Sources in E-Discovery & Investigations , held on June 26, 2025. This isn’t just for litigation or investigations. It’s an imperative for every business,” he said.

Discovery

Planet Depos

JUNE 17, 2025

Deposition (law) A deposition is the act of taking sworn testimony whereby litigants obtain information from each other in preparation for trial. What is a deposition?

Depositions

E-Discovery LLC

JUNE 10, 2025

May 30, 2025), the EEOC prevailed on several discovery disputes. It prevailed because its attorneys did their homework and supported their litigation position with facts. The agency moved to compel discovery responses. The EEOC also asked the court to order Mia Aesthetics to retain an e-discovery vendor. Zubulake (Aug.

Discovery

Joseph, Hollander & Craft

JULY 23, 2025

Civil, family, and criminal courts allow for these pretrial motions, which can shape future proceedings and therefore the trajectory of litigation. They are a critical part of the strategy, helping us protect our clients’ rights, control what evidence reaches the jury, and, in some cases, end the case altogether.

Pretrial Motions

Complex Discovery

JULY 17, 2025

For eDiscovery experts, this translates into more jurisdictional layers and greater variation in data environments, especially when managing cross-national litigation or compliance mandates. Second, indicators tied to intellectual assets and SME collaboration reflect how information flows are structured and protected.

Government and Public Sector

Percipient

JANUARY 20, 2025

For instance, machine learning can predict litigation risks based on similar cases, identify trends that might impact a client, or flag unusual clauses in contracts that might need extra attention. E-Discovery E-discovery focuses on finding and organizing digital information for legal cases.

Legal Research

Complex Discovery

JUNE 17, 2025

Drawing from the European Commission’s Generative AI Outlook Report – Exploring the Intersection of Technology, Society and Policy (JRC142598), it examines the legal and ethical questions emerging as AI tools increasingly generate content that influences decisions in litigation, compliance, and client representation.

Technology

Next Generation E-Discovery Law & Tech Blog

JUNE 25, 2025

Nowhere is this more evident than in the spiraling expenses for outsourced eDiscovery and information governance services. While litigation and regulatory demands continue to grow, many organizations still rely heavily on costly outside service providers to identify, collect, process, and produce electronically stored information (ESI).

Technology

Complex Discovery

JULY 21, 2025

Whether conducting risk assessments, validating vendor claims, or ensuring defensibility in litigation, recognizing the type of bias at play is foundational to effective governance. For professionals in cybersecurity, information governance, and eDiscovery, these distinctions are not merely academic.

Technology

Complex Discovery

JULY 20, 2025

With federal banking agencies having 180 days to report implementation plans to Congress and a three-year safe harbor for existing platforms, legal teams can expect to navigate a growing volume of blockchain-based evidence, immutable, decentralized, and often beyond the reach of traditional systems. The Act’s reach beyond U.S.

Discovery

Complex Discovery

JULY 28, 2025

As AI systems grow more powerful, that question is becoming central to innovation strategy—and litigation. Companies such as Disney and Universal have been relentless in their litigations against AI platforms like Midjourney, which they accuse of employing unlicensed media.

Government and Public Sector

Complex Discovery

JULY 24, 2025

For those in eDiscovery and digital evidence roles, another notable component of the plan is its call to combat AI-generated deepfakes through formal forensic benchmarks. This move could reshape evidentiary standards in digital litigation and compliance. seeks to lead not only in breakthroughs but in the rules of engagement.

Technology

Complex Discovery

JUNE 8, 2025

This unique background positions ComplexDiscovery to provide valuable insights for conflict-related investigations and litigation, where understanding the interplay of technology, data, and geopolitical factors is crucial. However, geolocated evidence did confirm limited Russian gains in Novoserhiivka and southeastern Komar.

Objections

E-Discovery LLC

JUNE 28, 2025

. __, 2025 WL 1540660 (May 30, 2025), the defendant City claimed unfair surprise when plaintiff sought to introduce at trial photographs that the City had taken, but which plaintiff had not disclosed in discovery. In discovery, defendant asked for all photos, and any documents on which plaintiff intended to rely on at trial.

Discovery

Complex Discovery

JULY 26, 2025

For cybersecurity, information governance, and eDiscovery professionals, this piece offers insight into how hybrid warfare increasingly merges battlefield maneuvers with economic manipulation and information control—raising important implications for threat intelligence, risk management, and digital evidence verification.

Government and Public Sector

E-Discovery LLC

JUNE 8, 2025

June 5, 2025), is another in a series of discovery decisions in the dispute involving Ms. The court wrote that: “Jonesworks hired Edgeworth in mid-2024 in connection with its obtaining legal advice and preparing for potential litigation.” Wayfarer Studios LLC, 2025 WL 1591282 (S.D.N.Y. See, e.g., “It Ends With Us” (Apr.

Subpoenas

E-Discovery LLC

AUGUST 1, 2025

Pattison seeks to transform an after-the-fact cover letter – excluded from evidence as hearsay – into a condition precedent to contract formation. So even if the substance of the cover letter constituted hearsay, any objection on that basis was waived, as its contents were in evidence and undisputed. The dissent wrote: “Ms.

Discovery

E-Discovery LLC

APRIL 22, 2025

15, 2025), the court ordered discovery of litigation hold notices. In my opinion, and while I agree with the result, the legal issues governing the discovery of litigation hold notices and implementation need clarity and national uniformity. In Another Approach to Drafting and Discovery of Litigation Hold Notices (Feb.

Discovery

E-Discovery LLC

FEBRUARY 21, 2025

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. [1] 7, 2025), the court held that litigation hold notices were privileged. DISCOVERY OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE. 1] In Homeland Ins. Grimm (ret.)

Discovery

E-Discovery LLC

MARCH 3, 2025

At its most general level, the holding was that a litigant may not invoke the courts to assert their legal rights, then engage in extralegal conduct. 9, 2023)(Courts have recognized that sanctions may be imposed for improperly obtaining evidence.). Aberdeen Providing Ground Federal Credit Union , 2025 WL 608046 (D. Emphasis added].

Evidence

E-Discovery LLC

DECEMBER 18, 2024

Boyers (or anyone elses) chat messages contain relevant evidence that was not properly preserved, and thus there is no justification for an order requiring Google to run the search terms plaintiffs propose through the documents collections for all Google custodians and witnesses. In my opinion, that omission was dispositive almost by itself.

Discovery

E-Discovery LLC

SEPTEMBER 22, 2024

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. It insists that it is not conducting unchecked discovery.”

Discovery

E-Discovery LLC

MARCH 13, 2025

Defendants moved to stay all discovery deadlines pending a resolution of their motion to compel arbitration and for a stay pending arbitration. The motion to stay discovery was granted. The Court wrote that: It is axiomatic that district courts enjoy substantial discretion in managing discovery. 10, 2025)(Austin, J.),

Discovery

E-Discovery LLC

APRIL 10, 2025

The Sedona Conference has posted its Commentary on Discovery of Collaboration Platforms Data, Public Comment Version (Apr. 26(b)(1) states that [i]nformation within this scope of discovery need not be admissible in evidence to be discoverable, discoverable material that does not meet evidentiary standards may be of little or limited value.

Discovery

Law Sites

JULY 17, 2025

One of the areas of legal practice in which generative artificial intelligence is having a significant impact is litigation, bringing new products designed to handle the time-intensive work of conducting discovery, sifting through evidence, analyzing depositions and preparing for trial.

Depositions

E-Discovery LLC

APRIL 30, 2025

E-discovery blazed across the litigation sky more than two decades ago. Ball, Electronic Discovery Workbook (2019), 47 n. E-discovery is more complex than paper discovery; but then, electric lighting is more complex than candles, and cars more complex than bicycles. Forensic expert Craig Ball, Esq., State Bar Assn.

Discovery

E-Discovery LLC

OCTOBER 16, 2024

When it came to discovery, it wasn’t. Tekvantage and Teknowledgies are not parties to this litigation. RFP 1: “NO SUCH DOCUMENTS EXIST” Generally, when an attorney signs a discovery response under Fed.R.Civ.P. Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable (Sep. Lain also owned Tekvantage, Inc.

Discovery

E-Discovery LLC

MAY 27, 2025

13, 2025)(unreported), [1] sanctions were imposed for failure to comply with discovery milestones in a scheduling order. The principal function of a scheduling order is to move the case efficiently through the litigation process by setting specific dates or time limits for anticipated litigation events to occur. at *1, 3, 8.

Discovery

E-Discovery LLC

FEBRUARY 1, 2025

THE DISCOVERY VIOLATION AND COURT ORDER Minh propounded discovery on Kelly. First, any sanction must be just; second, the sanction must be specifically related to the particular claim which was at issue in the order to provide discovery. Kelly Hoang Law Firm v. Hoang , 2023 WL 3150110 (C.D. 14, 2023). cleaned up).

Discovery

E-Discovery LLC

SEPTEMBER 16, 2024

9, 2024), provides a succinct summary of the scope of discovery under the December 2015 amendments to the Federal Rules of Civil Procedure. Information within this scope of discovery need not be admissible in evidence to be discoverable.” It – surprisingly – sustained boilerplate objections. The case involved a loan gone south.

Discovery

E-Discovery LLC

DECEMBER 16, 2024

26, 2024)(unreported), dismissals for discovery violations were affirmed. Nguh, one owner, propounded discovery on Mr. Etame, the opposing owner. The Appellate Court wrote: Mr. Etame failed to respond to discovery, and on March 3, 2022, Ms. Etame appealed, arguing abuse of discretion in the imposition of discovery sanctions.

Discovery