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A Refresh of the Annotated ESI Protocol
Craig Ball introduces the 2026 revision of the Annotated ESI Protocol, addressing modern attachments, collaboration data, mobile collection, and generative AI in eDiscovery workflows.
Where Oh Where Did My Data Go? A Data Broker?
A federal court dismissed claims against Acxiom, but the case raises urgent questions about data brokers, profiling, and the limits of privacy law.
What People Want to Know About AI: Top 10 Curiosity Index
Not finding a poll on what people actually want to know about AI, Ralph Losey tasked Gemini 3.1 Pro to find out. It responded with the Top 10 Curiosity Index, with how AI thinks, job...
ESI Protocol Disputes Were Resolved by Court
The court in In Re: GoodRX settled several ESI protocol disputes, rejecting automatic relevance of confidential documents and limiting redactions. It also enforced cooperation in discovery processes and ordered privilege logs for redacted materials.
A Privilege Log Can Be Admissible Evidence
A new ruling in Carefirst v. Johnson & Johnson affirms that privilege logs may be admissible evidence when specific metadata is used with proper foundation.
Media Reports “Dr. Phil accused of deleting incriminating texts amid bankruptcy filing….”; Accusation is Disputed
Dr. Phil faces allegations of deleting incriminating texts during a bankruptcy proceeding, according to media reports. The accusation is contested, with an appeal expected.
Request for “The Jim Folder” Deemed Unambiguous; But Some Folder Names Were Privileged
A court found Allen’s refusal to produce “The Jim Folder” absurd, while upholding privilege for certain user-created metadata. The case highlights how clarity in discovery requests and context in metadata disputes can drive litigation outcomes.
Your Policy, Your Problem: Company Policies Often Define the Limits of Employee Privacy
As personal and professional use of devices intertwine, recent rulings show courts leaning heavily on employer policies to define employee privacy rights. The Yu Yu Lim case underscores how vague or permissive policies can create...
Motion to Compel Production of Native Files Denied
In Legault v. Costco, the court denied a motion to compel native file production, citing IT security risks and a lack of protective order agreement between the parties.
Document Correlation
A federal court finds that producing ESI with proper metadata may fulfill Rule 34(b)(2)(E)(i) requirements, eliminating the need for document correlation in many cases.
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.