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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...
No Affidavit – No Joint Representation/Common Interest Privilege
In Fond Du Lac Band v. Cummins, the court ruled that a vague attorney affidavit failed to establish joint representation, dooming a privilege claim under the joint representation and common interest doctrines.
Will Courts “Search, Forward” with eDiscovery Case Law on AI?
Phil Favro compares early TAR adoption to today’s AI developments in eDiscovery, noting that while case law is scarce, existing precedent offers guidance on defensibility, cooperation, and transparency. He urges practitioners to focus on sound...
Criminal Conviction Reversed After State Failed to Timely & Fully Disclose its Use of a Type of Artificial Intelligence
A Maryland appellate court reversed a robbery conviction after prosecutors failed to timely disclose their use of facial recognition technology, an AI tool central to the investigation. The court found the late and incomplete disclosure...
Weekly Letter to Our EDRM Global Community – 12 August 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.
HaystackID® Launches ReviewRight® Mobile App to Advance Remote Legal and Cybersecurity Review
HaystackID has unveiled the ReviewRight Mobile App, a secure platform for legal and cybersecurity professionals to manage availability, credentials, and live project opportunities from iOS and Android devices, enhancing remote review precision and speed for...
Order for Phased Discovery
Phased discovery, though underused, can be a powerful tool for achieving proportionality in litigation. Recent cases show how courts structure phased approaches to limit costs, avoid unnecessary disputes, and focus on threshold issues before broader...
Sanctions for Loss of ESI Imposed Under Court’s Inherent Power After Privilege Log is Used to Determine the Date that the Duty to Preserve Was Triggered
In Jimenez v. Hyatt Corp., the court imposed sanctions based on its inherent power after a privilege log revealed that the Plaintiff anticipated litigation earlier than claimed, triggering a duty to preserve ESI.
At CTRL ALT Defend, Cyber Investigators Face a New Reality—and Find New Tools to Match
At CTRL ALT Defend, experts from HaystackID, CyberCX, the FBI, and more addressed how digital forensics, threat response, and legal strategy must evolve to outpace today’s cyber threats, from BEC to cloud-based espionage.
Inside the 2H 2025 Update of Andrew Haslam’s eDisclosure Systems Buyers Guide: Insight, Strategy, and Market Signals
With record readership and new editorial themes on cost transparency and legal tech priorities, the 2H 2025 eDisclosure Buyers Guide from Andrew Haslam remains an essential compass for eDiscovery professionals.
Court Finds Subject Matter Waiver in Expert Communications Under Fed.R.Evid. 502(a)
A federal court applied subject matter waiver to expert communications in Fresh Air for the Eastside v. Waste Mgmt., requiring disclosure of documents under Fed.R.Evid. 502(a).
EDRM Announces K L McKinney as Newest Trusted Partner
EDRM welcomes K L McKinney to its Trusted Partner Network, highlighting the firm’s leadership in legal talent, AI assurance, and consulting.