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Native or Not? Rethinking Public E-Mail Corpora for E-Discovery (Redux, 2013→2025)
[EDRM Editor’s Note: The opinions and positions are those of Craig Ball. This article is republished with permission and was first published on August 16, 2025.] Yesterday, I found myself in a spirited exchange with a colleague...
HSR Filings Rise in July 2025 as Compliance and Cybersecurity Move to the Forefront of M&A
July 2025 saw a rise in HSR filings, signaling renewed M&A momentum. As regulatory scrutiny deepens, cybersecurity, governance, and eDiscovery are key to strategic deal success.
Still on Dial-Up: Why It’s Time to Retire the Enron Email Corpus
The Enron Email Corpus has been the eDiscovery industry’s go-to dataset for decades, but in 2025, it’s a relic. Craig Ball argues it’s time to move on to datasets that reflect today’s email technologies and...
Reasonable or Overreach? Rethinking Sanctions for AI Hallucinations in Legal Filings
When AI-generated hallucinations appear in court filings, how should judges respond? A new four-pillar framework proposes principled, proportional sanctions to protect the justice system without overreach.
Weekly Letter to Our EDRM Global Community – 19 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.
Exterro Launches “Data Xposure,” the Industry’s First Podcast Led by Legal, Forensics, Compliance and Security Practitioners
Exterro’s new podcast, Data Xposure, gives legal, forensics, and compliance professionals an unfiltered look at real incidents, breaches, and evolving data risk challenges.
Three Depositions Reopened to Address After-Produced Documents – Fed.R.Civ.P. 30(d)(1)
A recent decision in In re Sandisk SSDs Litigation highlights how delayed document production, especially tied to withdrawn privilege assertions, can justify reopening depositions under Fed.R.Civ.P. 30(d)(1).
When AI Conversations Become Compliance Risks: Rethinking Confidentiality in the ChatGPT Era
AI chats may seem private, but legal experts warn they could become courtroom evidence. As AI integrates into legal work, professionals must rethink digital confidentiality and privilege risks.
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...