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In an Asset Sale, Don’t Sell the Server That Holds Privileged Communications
A recent decision in Jim Daws Trucking v. Daws, Inc. underscores how selling a server with privileged emails can waive attorney-client privilege—raising red flags for information governance and asset purchase practices.
Crushing the Marathon (Without Running in it): A Lesson in Digital Evidence Verification
A humorous photo-op becomes a powerful reminder that pictures and timestamps aren’t always trustworthy. Discover best practices for validating digital evidence in forensic and legal settings.
“Discovery on Discovery” Ordered After Amazon’s Flawed Implementation of Litigation Hold
A federal court ordered Amazon to disclose litigation hold notices and preservation efforts in a COVID-19 price gouging case, finding significant gaps and delays in its ESI preservation.
Cyberocracy and the Efficiency Paradox: Why Democratic Design is the Smartest AI Strategy for Government
A groundbreaking Estonian study reframes democratic principles as core drivers of digital government efficiency, showing how transparency, participation, and federated design build public trust and long-term performance in AI-era governance.
Rule 37(e)(1) Sanctions for Breach of Duty to Preserve Communications
A Maryland court imposed Rule 37(e)(1) sanctions against a plaintiff for failing to preserve key Facebook and text message communications, providing the jury with a special instruction on the spoliation.
Request for Email Threading Protocol Rejected & Discussed Use at Trial
In In Re Tecfidera Antitrust Litigation, the court rejected a proposed email threading protocol due to usability and metadata concerns, emphasizing Rule 34’s requirement to produce ESI as ordinarily maintained and noting a lack of...
Court Denies Joint Request to Enter a Proposed ESI Protocol as a Court Order
The Middle District of Florida denied a joint motion to adopt an ESI protocol as a court order, stating that private agreement between parties suffices unless a proper legal basis for court involvement is demonstrated.
My Father is a Lawyer – Are My Emails With Him Privileged?
A federal court ruled that emails between a woman and her father, a litigator, were not protected by attorney-client privilege. The decision highlights that a familial relationship alone doesn’t establish privilege without clear legal intent,...
Challenges to Redacted Metadata Privilege Log
A court ruled on a challenge to a metadata privilege log, allowing some redactions but requiring detailed descriptions for redacted entries and email attachments.
Listing a Document on a Privilege Log Concedes That it is Relevant for Discovery
The court in Lively v. Skyline confirmed that including materials on a privilege log concedes their relevance for discovery, reinforcing Rule 26’s implications for privilege assertions.
Discovery of Search Terms & Ephemeral Signal Messages – It Has Not Yet Ended “With Us”
The Lively v. Wayfarer Studios case continues to raise key eDiscovery issues, with the latest ruling mandating production of Signal messages and search terms, while dismissing reciprocal demands as unfounded.
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...
