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Court Refuses to Enter Fed.R.Evid. 502(d) & “Clawback” Order Without Agreement; Also Refuses to Order Production of Responsive Documents That Do Not “Hit” on Search Terms
In Medal v. Amazon, a federal court refused to enter a Rule 502(d) clawback order without party agreement and declined to require production of responsive documents not captured by search terms. Michael Berman respectfully disagrees...
Weekly Letter to Our EDRM Global Community – 05 May 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.
Incomplete ESI Protocol Negotiations Do Not Justify Delay in Production
In a recent case, the defendants opposed certain discovery. The court wrote: “Defendants also note that ‘the parties are still negotiating their joint agreement for ESI protocols’ and assert that he parties should not simultaneously be in...
From Training to Execution: Embedded Safeguards for Responsible AI Use in Legal Practice
AI is already transforming legal practice, but training alone isn’t enough. This article explores how embedded safeguards—built directly into workflows—help lawyers and judges apply their knowledge reliably under pressure, reducing risk and reinforcing professional responsibility...
Cite Checking to Find Hallucinated Cases Deemed Insufficient
Recent decisions highlight that relying on cite-checking alone cannot cure hallucinated cases in AI-generated briefs, reinforcing lawyers’ duty of competence and verification.
Trial presentation checklist: The roadmap to a winning argument
In this excerpt from Nextpoint’s trial presentation checklist, Elizabeth Guthrie guides litigation teams through choosing courtroom technology, building compelling visuals, organizing exhibits for real-time retrieval, and deploying deposition video, the practical steps that determine whether...
No Right to a “Hit Report” for Facially Overbroad Search Terms?
A federal court rejected a blanket right to hit reports, holding they may be denied when search terms are facially overbroad and disproportionate.
Andrew Haslam’s eDisclosure Systems Buyers Guide at 14: What the 1H 2026 update reveals
The 1H 2026 update of Andrew Haslam’s eDisclosure Systems Buyers Guide delivers market insights, pricing benchmarks, and new frameworks for evaluating eDiscovery vendors.
Deponent’s Use of A.I. to Answer Deposition Questions Barred; ChatGPT Was Not an Attorney
A federal court ruled that a pro se litigant could not use ChatGPT during a deposition and that such use is not protected by attorney-client privilege, reinforcing limits on AI in litigation.
Weekly Letter to Our EDRM Global Community – 28 April 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.
Request for Broad “Apex” Executive Discovery Replaced by Phased Discovery Order
A federal court rejects broad apex executive discovery requests, instead ordering phased ESI production that balances proportionality, cost, and relevance under Rule 26.
Relativity to Establish Singapore Entity, Expanding APAC Footprint
Relativity plans a Singapore launch while accelerating AI-driven legal data intelligence adoption across APAC, highlighting innovation at RelFest Sydney.