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7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client
In Pable v. CTA, the Seventh Circuit affirmed dismissal and over $150,000 in sanctions for ESI spoliation, marking a key precedent on attorney and client liability under Rule 37(e)(1), (e)(2), (a)(5), and 28 U.S.C. §1927.
When AI Policies Fail: The AI Sanctions in Johnson v. Dunn and What They Mean for the Profession
The Johnson v. Dunn case marks a turning point in judicial tolerance for AI citation errors. Despite clear firm policies and experienced counsel, the court imposed severe sanctions, signaling that only individual verification, not institutional...
Epiphanies or Illusions? Testing AI’s Ability to Find Real Knowledge Patterns – Part One
Pattern recognition is at the core of artificial intelligence. In this article, award winning blogger, attorney and AI pioneer will test the ability of advanced AI, specifically ChatGPT, to uncover meaningful new patterns across different...
Court’s Use of a Special Master to Assist EEOC in Obtaining Discovery from Defendant
A Kansas court appointed a Special Master in EEOC v. Genesh, Inc. to resolve electronic discovery disputes, signaling a firm stance on procedural fairness.
Local Rule Prohibiting Definitions in Interrogatories Without Leave of Court
The District of Nebraska prohibits definitions in interrogatories without prior court approval, as highlighted in Payne v. Geer. This contrasts with Maryland and other jurisdictions that provide structured, permissible definitions to streamline discovery. The debate...
Adobe’s Legally Grounded AI Model Offers a Blueprint for Responsible Innovation
Adobe sets a new benchmark for legal AI development with Firefly, a model trained exclusively on licensed data. Its compliance-first strategy highlights a path forward in a contentious landscape.
Document Correlation Under Fed.R.Civ.P. 34(b)(2)(E)
The Sievert decision reignites a long-standing dispute over whether Rule 34(b)(2)(E) mandates document correlation for ESI. While the majority rule says yes, the article proposes a metadata-based alternative that balances efficiency and fairness.
Five Lessons for eDiscovery from Home Improvement Projects
Managing eDiscovery projects shares surprising similarities with home improvement. From vetting vendors to setting budgets, here are five practical lessons to improve your next eDiscovery matter.
Weekly Letter to Our EDRM Global Community – 29 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.
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...