Recent News
← Back to Blog
Search
Authors
“Ten depositions are too few for this case…. But twenty-seven depositions is too many….”
A federal court in a LinkedIn subscriber class action alleging monopolization split the difference between the parties’ deposition requests, holding that being a document custodian isn’t enough on its own to justify a deposition.
Why Private Copies Are the Next Privacy Risk Frontier
Sheila Grela examines how unofficial, duplicative private copies saved on laptops, in email threads, and across collaboration platforms create privacy, discovery, and breach exposure that formal governance systems fail to track, drawing on the updated...
Two Debatable Holdings
Michael D. Berman examines a S.D.N.Y. discovery order requiring production of every document that hits an agreed search term, without a responsiveness review, and questions whether the ruling reaches beyond the scope allowed under Rule...
Drafting RFPs for Robots to Read
With producing parties increasingly letting large language models make first-pass relevance calls, this piece argues that requests for production should be drafted as prompts and demonstrates this approach using the Dominion Voting Systems v. Fox...
![An ESI Protocol Does Not [Necessarily?] Supersede the Discovery Rules, by Michael D. Berman, E-Discovery LLC.](https://edrm.net/wp-content/uploads/2026/07/Berman-Blog-An-ESI-Protocol-Does-Not-Necessarily-Supersede-the-Discovery-Rules.png)
An ESI Protocol Does Not [Necessarily?] Supersede the Discovery Rules
A federal court held that an ESI Protocol implements the Federal Rules rather than replacing them, rejecting a defendant’s argument that it could skip a plainly relevant custodian simply because he wasn’t named in the...
Confidence cools, commitment holds: full results from the 1H 2026 eDiscovery Business Confidence Survey
The 39th eDiscovery Business Confidence Survey found good-conditions sentiment dropping over 20 points from the prior half, even as generative AI deployment climbed to 69.39 percent of organizations and revenue expectations held steady.
A Deep Dive Into the Pikesville, MD, Racist/Antisemitic Deepfake Audio
A viral deepfake audio recording nearly destroyed a Maryland principal’s career and led to criminal charges, two civil suits, and a Daubert hearing where a forensic audio expert could not confirm AI was used, but...
Stop Waiting for the Bell: What Legal AI Has Reinforced Since November 6, 2023
Using the metaphor of an experienced touch typist waiting to hear the bell to advance, Sheila Grela explores an approach to learning AI with others.
Weekly Letter to Our EDRM Global Community – 21 July 2026
This week’s EDRM community letter features recent blog posts, upcoming webinars, notable podcasts, and key announcements. Stay engaged with the EDRM community for the latest insights and support.
Restrictions on Use of Artificial Intelligence Tools to Process Disclosure Materials
Michael Berman reports on a case with restrictions on the use of AI tools to handle disclosure materials and questions what happens in a clawback situation.
EDRM Project and Advisory Council Leaders Author Groundbreaking Paper on GenAI Prompt Protection
A new paper argues that prompts attorneys write to instruct generative AI in document review deserve work-product protection, distinguishing them from search terms that courts have traditionally required parties to exchange.
DOJ and DHS issue trade fraud guide as task force tally exceeds $1 billion
ComplexDiscovery examines the joint DOJ and DHS trade fraud guide released alongside a $1 billion task force tally, showing how entry filings, broker communications, and supply chain records now function as evidence in False Claims...