Court Dicta in Paisley Park v. Boxill Foresees Expansion of Discoverable ESI

Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources”

Solving the Problem(s) of Multidistrict Litigation, Part 2: Choosing Cases for Bellwether Trials

In our previous blog post about multidistrict litigation (MDL), we discussed the problem of identifying meritless ...

Case Law Summary: Court Holds That “Tagged” Social Media Photos Are Discoverable in Vasquez-Santos v. Mathew

The internet, and especially social media, represents a rich reservoir of potential evidence for use in litigation. ...

Solving the Problem(s) of Multidistrict Litigation, Part 1: Early Identification of Meritless Claims

Multidistrict litigation (MDL) has become a major component of the U.S. civil litigation system. MDLs now make up over ...

Don’t Let the Quest for “Easier” Stand in the Way of High-Quality Native-Format Evidence: Lessons From In re Syngenta AG MIR 162 Corn Litigation

It’s surprising—or perhaps not, depending on your outlook—how often people settle for less because it’s easier.

“I Can’t Believe It’s Not Live!” Why Native-Format Web Archives Make for Persuasive Evidence

Every litigator yearns for that Perry Mason moment, when we calmly introduce the critical evidence that abruptly ...

Do You Have FOMO? You Should—If You’re Not Finding and Collecting Dynamic Web Evidence

Do you have FOMO? And do you have FOMO about the right things?

Fight Fire With Fire: Using Artificial Intelligence to Find Discoverable Information Online

Here’s a scenario that might be common enough in your day-to-day life: imagine that you’ve misplaced your wallet. ...

The Web as a Data Source: What We Can Learn From In Re Ex Parte Application of Levi Strauss & Co.

The web is a rich, varied, yet essentially untapped data source. Are you making full use of it in your eDiscovery?

Websites Have Evolved—It’s Time for Ediscovery to Follow Suit

Remember the original internet, with its clunky graphics and minimal information? You might not remember doing much ...

Seeking Production in Native Format? Case Law Tips From MetLife Investors USA Insurance Co. v. Lindsey

Over the last year, requests and productions of native-format documents have featured regularly in ediscovery cases ...