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Native or Not? Rethinking Public E-Mail Corpora for E-Discovery (Redux, 2013→2025)
[EDRM Editor’s Note: The opinions and positions are those of Craig Ball. This article is republished with permission and was first published on August 16, 2025.] Yesterday, I found myself in a spirited exchange with a colleague...
The Best Defense Was Not a Weak Offense
In back-to-back July 2025 rulings, the S.D.N.Y. sanctioned Charles Oakley for failing to preserve thousands of text messages after his 2017 MSG ejection, crediting MSG’s expert over Oakley’s and granting an adverse inference. Oakley’s counter-motion...
7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client
In Pable v. CTA, the Seventh Circuit affirmed dismissal and over $150,000 in sanctions for ESI spoliation, marking a key precedent on attorney and client liability under Rule 37(e)(1), (e)(2), (a)(5), and 28 U.S.C. §1927.
Document Correlation Under Fed.R.Civ.P. 34(b)(2)(E)
The Sievert decision reignites a long-standing dispute over whether Rule 34(b)(2)(E) mandates document correlation for ESI. While the majority rule says yes, the article proposes a metadata-based alternative that balances efficiency and fairness.
Decision on How to Best Search for ESI – Court Orders ESI Protocol in “Epic of Dysfunctional Discovery,” With Unique Clawback Provision
In a discovery battle over $24 million in damages, the court imposed an ESI protocol in Everlast Roofing v. Wilson, mandating cost sharing, TAR-based sampling, and a unique clawback for irrelevant documents—highlighting the perils of...
Document Content vs. Metadata in eDiscovery AI: A Clarification of Scope, Access, and Accuracy
Clear separation between document content and metadata is essential for accurate AI-driven eDiscovery. Without proper handling, legal teams risk flawed timelines, missed privilege indicators, and incomplete review.
All Metadata is Not Equal – Court Orders Narrower Request
The Court in Heym v. APG Housing emphasized the need for proportionality in eDiscovery, denying a blanket metadata request and urging targeted production aligned with Maryland’s ESI Principles. The decision also addressed the scope of...
Agreement to Permit Forensic Imaging May Leave Some Unresolved Questions
In HET MCPS v. AutoFlex, the court granted a motion for forensic imaging of devices, but key questions remain about post-imaging data handling, including privilege, relevance, and production protocols. The case underscores evolving challenges in...
Another Text Message String Case
In Milne v. ProAll, the court denied a motion to compel further text message production, affirming that speculative claims and perceived format challenges are insufficient without concrete evidence of non-compliance with ESI protocols.
Bar Battle of the Bots – Part Four: Birth of Scorpio
The article discusses a competitive evaluation of AI models, particularly focusing on the latest release, ChatGPT o3, in a series of bot battles. Following previous assessments, where ChatGPT 4o (Omni) was the leading AI, ChatGPT...