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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A recent decision in In re Sandisk SSDs Litigation highlights how delayed document production, especially tied to withdrawn privilege assertions, can justify reopening depositions under Fed.R.Civ.P. 30(d)(1).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 Shape of Justice: How Topological Network Mapping Could Transform Legal Practice
What if justice had a shape — not rigid scales or a blindfolded figure, but a living, dynamic map? Imagine causation as a multidimensional space, where influence, control, and responsibility could be mapped across a...
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...
Weekly Letter to Our EDRM Global Community – 12 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.
HaystackID® Launches ReviewRight® Mobile App to Advance Remote Legal and Cybersecurity Review
HaystackID has unveiled the ReviewRight Mobile App, a secure platform for legal and cybersecurity professionals to manage availability, credentials, and live project opportunities from iOS and Android devices, enhancing remote review precision and speed for...
Order for Phased Discovery
Phased discovery, though underused, can be a powerful tool for achieving proportionality in litigation. Recent cases show how courts structure phased approaches to limit costs, avoid unnecessary disputes, and focus on threshold issues before broader...
Epiphanies or Illusions? Testing AI’s Ability to Find Real Knowledge Patterns – Part Two
The moment of truth had arrived. Were ChatGPT’s insights genuine epiphanies, valuable new connections across knowledge domains with real practical and theoretical implications, or were they merely convincing illusions? Had the AI genuinely expanded human...
Sanctions for Loss of ESI Imposed Under Court’s Inherent Power After Privilege Log is Used to Determine the Date that the Duty to Preserve Was Triggered
In Jimenez v. Hyatt Corp., the court imposed sanctions based on its inherent power after a privilege log revealed that the Plaintiff anticipated litigation earlier than claimed, triggering a duty to preserve ESI.