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Electronically Stored Information

188 published works

  1. eDiscovery Bytes

    Episode 169: From Email Threads to Google Drive: Judge’s Balanced Approach Advances Case Law on Hyperlinked Files

    By Kelly Twigger

    In Episode 169, Kelly Twigger discuss the latest ruling on hyperlinked files from United States Magistrate Judge Lisa Cisneros in the In re Uber Techs class action, following up from…

  2. eDiscovery Watch

    Second Circuit: Rule 37 Sanctions Require ‘Intent to Deprive’ for Lost ESI, Not Mere Negligence

    By Kathryn C. Cole

    Plaintiff–Appellant Richard Hoffer sued the city of Yonkers, the Yonkers Police Department, and various individual police officers under 42 U.S.C. § 1983, alleging the officers used excessive force when arresting…

  3. Paul W. Mollica Federal Courts Blog

    Second Circuit Clarifies Standards for Entry of Sanctions Under Fed. R. Civ. P. 37(e)(2), Noting a Possible Conflict with the Fifth Circuit

    By Paul W. Mollica

    In Hoffer v. Tellone, No. 22-1377 (2d Cir. Feb. 13, 2025), the Second Circuit disaffirms the use of a “culpable state of mind” standard to impose discovery sanctions under Fed.…

  4. eDiscovery Bytes

    The eDiscovery Disconnect: Why Litigators Must Take the Lead

    By Kelly Twigger

    by Kelly Twigger Seven years ago, I wrote an article about what I called the eDiscovery Disconnect—the gap between the work being done on data and the legal strategy that…

  5. Legal Profession Blog

    Sanctions In Facebook Litigation

    By Michael Frisch

    The Delaware Court of Chancery considered sanctions for the failure to preserve ESI in litigation involving data harvesting from FacebookThe plaintiffs moved for sanctions against two individual defendants who failed…

  6. eDiscovery Bytes

    Episode 165: Can You Redact Text Messages for Relevance in Discovery? Insights for Litigators

    By Kelly Twigger

    In Episode 165, Kelly Twigger discusses the crucial question of whether a party can redact text messages for relevance absent an agreement between the parties and review a key discussion…

  7. eDiscovery Today Blog

    Comply with the ESI Order, Court Orders (Again): eDiscovery Case Law

    By Doug Austin

    In Cook v. Meta Platforms, Inc., California Magistrate Judge Thomas S. Hixson ordered the defendant to comply with the ESI order to which the parties agreed, specifically ordering “Meta to…

  8. eDiscovery Bytes

    Off the Cuff with Kelly Twigger

    By Kelly Twigger

    Kelly emphasizes the importance of identifying the story behind your case and leveraging different sources of electronically stored information (ESI) to build that narrative. From traditional custodial ESI to more…

  9. eDiscovery Today Blog

    John Collins on the eDiscovery Channel Talking Microsoft 365 eDiscovery: eDiscovery Trends

    By Doug Austin

    Tom O’Connor & I had a fun discussion on his popular eDiscovery Channel interview series, discussing Microsoft 365 eDiscovery with John Collins! The post John Collins on the eDiscovery Channel…

  10. ComplexDiscovery

    Core Intelligence AI: Streamlining eDiscovery with Advanced GenAI

    By Rob Robinson

    Editor’s Note: The launch of Core Intelligence AI by HaystackID marks a significant advancement in the field of eDiscovery, offering a blend of generative AI and traditional review methods to…