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AI Search Can Find the Meaning. But It Can Still Miss the Evidence.
Semantic search can uncover meaning that keyword queries miss, but opaque project names, codes, and distinctive phrases can expose its blind spots. Using the “Project Checkmate” test, John Tredennick and Dr. William Webber explain why...
Asking When Untimely Discovery Responses Will Be Provided Doesn’t Consent to an Extension
In Dochee v. The Methodist Hospitals, Inc., the court addressed discovery responses served six weeks to two months late. Although it viewed Defendants’ failure to seek an extension or timely respond with disfavor, the court...
6 time management tips for lawyers handling ediscovery
Lack of time was the most commonly cited individual challenge in Nextpoint’s 2026 eDiscovery Landscape Survey, named by 41% of respondents. Elizabeth Guthrie shares six practical ways lawyers can reclaim time on eDiscovery-heavy matters by...
Dispute over A.I. Protective Order
In U.S. v. Thomas, defense counsel and the Government disputed proposed protective-order restrictions governing the use of AI in discovery. The court declined both to compel production of purportedly non-sensitive Rule 16 discovery and to...
Weekly Letter to Our EDRM Global Community – 08 September 2026
This week’s EDRM letter features recent blog posts, upcoming webinars, notable podcasts, and key announcements. Stay engaged with the EDRM community for the latest insights and support.
There is No “Tit for Tat” Defense to a Discovery Request
Michael D. Berman examines Middien v. Gillgan, where the court rejected a “tit-for-tat” approach to discovery, explaining that one party’s alleged discovery failures do not excuse another party’s noncompliance. Berman connects the ruling to decisions...
When Clients Ask About Quantum, Will Their Lawyers Be Ready?
Ralph Losey envisions Quantum Ready practice groups, with multidisciplinary participants, ready to ask the right questions when their clients call with quantum related concerns.
ESI Protocol Held Not to Apply to Non-Party
Michael D. Berman reviews Burge v. Teva Pharmaceuticals Industries, Ltd., where the court found that the parties’ ESI Protocol did not apply to non-party Goodwin and ordered in camera review of redacted emails.
EDRM published its new map and the reasoning behind what it kept
ComplexDiscovery analyzes the final EDRM 2.0 model and the reasoning behind it, examining four structural shifts, trustee responses to public comments, and the practical implications for eDiscovery, information governance, security, and legal operations professionals.
Use of an A.I. Recorder in Depositions? In a “Meet and Confer”?
In Greco v. Hon. Robert W. Lane, a Nevada federal court found no procedural defect in a request to use an AI voice recorder as a secondary deposition record, while leaving substantive concerns for another...
Working with clients to collect ediscovery data: 4 strategic tips
Client collection is as much a communication challenge as a technical one. Elizabeth Guthrie of Nextpoint shares four practical strategies for setting expectations, identifying data sources, managing self-collection, and addressing privacy and security concerns.
Phil Favro Discusses Deepfakes and Authentication
Michael Berman examines Phil Favro’s analysis of U.S. v. Belt and the growing challenges surrounding deepfake evidence authentication. The article highlights video provenance, native-file preservation, chain of custody, forensic examination, and established authentication methods for...