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Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute
In Bouie v. Alzayadi, the court issued a pointed order detailing discovery ground rules, emphasizing cooperation and warning of sanctions for noncompliance.
Navigating AI’s Twin Perils: The Rise of the Risk-Mitigation Officer
Generative AI is reshaping trust and accountability in the digital landscape, leading to the emergence of the AI Risk-Mitigation Officer role. This strategic position blends technical, regulatory, and ethical expertise to proactively manage AI risks,...
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...
GENIUS Act Signed Into Law: A Game Changer for Legal Discovery and Information Governance
President Trump’s signing of the GENIUS Act introduces sweeping regulatory changes for stablecoins, redefining how legal professionals approach discovery, compliance, and information governance in blockchain-based environments.
Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?
A Nevada federal court ordered a forensic exam after finding bad faith discovery conduct in PlayUp v. Mintas. The decision explores when forensic inspections are justified under Rule 34(a)(1).
Weekly Letter to Our EDRM Global Community – 22 July 2025
This week’s EDRM community update features recent blog posts, upcoming webinars, notable podcasts, and key announcements. Stay engaged with the EDRM community for the latest insights and support.
The $20 Test: What a Parking Lot Taught Me About AI and Legal Judgment
When a young lawyer found a $20 bill, he faced a simple yet profound ethical choice. Decades later, Hon. Judge Ralph Artigliere (ret) compares his human decision to AI’s analysis, revealing why empathy, intuition, and...
Don’t Rush Past Relevance: Assessing the Discoverability of AI Prompts and Outputs
As AI becomes a staple in workplace tools, courts and counsel must evaluate whether AI-generated prompts and outputs meet legal thresholds for relevance, proportionality, and privacy in discovery.
No Sanctions for Breach of Duty to Preserve Video, Due to Lack of Prejudice
In Hobson v. Harper, the court found that while the defendants negligently failed to preserve surveillance video, sanctions were unwarranted due to lack of prejudice and the footage’s irrelevance to plaintiff’s discovery requests.
Panel of Experts for Everyone About Anything – Part Three: Demo of 4o as Panel Driver on New Jobs
In his conclusion to his three part series, award winning blogger, attorney and AI pioneer, Ralph Losey tests 4o as a panel driver by feeding it an article on new jobs created as a result...
Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated
In Cordero v. Stemilt, the Ninth Circuit vacated a restrictive protective order that barred plaintiffs’ counsel from using discovery materials in other advocacy, ruling that the district court failed to show good cause or specific...
From Volatility to Vision: June 2025 HSR Filings Show Steady Strategic Focus
HSR filings through June 2025 show consistent M&A activity, driven by strategic timing and supported by critical roles in cybersecurity, governance, and eDiscovery.