Topic
Electronically Stored Information
188 published works
eDiscovery Bytes
Episode 169: From Email Threads to Google Drive: Judge’s Balanced Approach Advances Case Law on Hyperlinked Files
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…
eDiscovery Watch
Second Circuit: Rule 37 Sanctions Require ‘Intent to Deprive’ for Lost ESI, Not Mere Negligence
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…
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
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.…
eDiscovery Bytes
The eDiscovery Disconnect: Why Litigators Must Take the Lead
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…
Legal Profession Blog
Sanctions In Facebook Litigation
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…
eDiscovery Bytes
Episode 165: Can You Redact Text Messages for Relevance in Discovery? Insights for Litigators
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…
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…
eDiscovery Bytes
Off the Cuff with 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…
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…
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…