In In Re Tecfidera Antitrust Litigation, the court rejected a proposed email threading protocol due to usability and metadata concerns, emphasizing Rule 34’s requirement to produce ESI as ordinarily maintained and noting a lack of specific burden evidence from the defense.
Cellebrite's 2025 Industry Trends Survey highlights the evolving landscape of corporate investigations, with key trends including AI adoption, mobile data challenges, and advanced cloud tools. The report underscores the increasing complexity of digital evidence and the growing reliance on AI-assisted workflows.
This article delves into how courts manage acknowledged and unacknowledged AI-generated evidence, such as deepfakes, highlighting the evidentiary hurdles, psychological impacts, and proposed reforms to ensure fairness in litigation. Grossman and Grimm outline practical steps for judges and lawyers facing this evolving challenge.
Mobile data has become a pivotal source of evidence in modern litigation and investigations. This article explores recent case law and highlights how tools like Cellebrite and Relativity streamline mobile data discovery.
This article explores how remote collection tools like Endpoint Inspector are transforming internal HR investigations, especially in sensitive cases like workplace harassment, by improving efficiency, confidentiality, and compliance.
This article traces the evolution of e-discovery from early amendments to the Federal Rules of Civil Procedure through landmark cases, influential thought leaders, and foundational frameworks like the Sedona Principles and EDRM. It highlights how digital transformation reshaped litigation and why understanding the past is vital to navigating today’s legal landscape.
Mobile data is increasingly central to modern eDiscovery, with courts confronting complex issues of privacy, preservation, and proportionality. This article explores landmark cases and recent rulings that demonstrate the evidentiary power and legal implications of smartphone data.
In Andersen v. Stability AI Ltd., the court emphasized that ESI Protocols must be specific to be effective, especially in complex GenAI copyright disputes. The ruling highlights the risks of unresolved ESI disagreements and judicial discretion in imposing discovery terms.
A recent court decision in In Re: Uber Technologies, Inc. Passenger Sexual Assault Litigation addresses the ongoing discovery disputes over hyperlinked documents in ESI. The ruling clarifies metadata obligations and raises evidentiary concerns regarding the usability of hyperlinked materials in litigation.
Modern attachments, such as cloud-based links, complicate legal discovery due to their dynamic nature. Learn best practices to preserve and manage these files while maintaining metadata integrity.
The September 2024 issue of ComplexDiscovery's newsletter highlights pivotal developments in cybersecurity, eDiscovery, and legal tech. From large language models and deepfakes to data privacy and evolving CTO roles, discover the challenges and insights shaping the tech-legal landscape.
The rise of AI-generated deepfakes is reshaping the legal community's approach to digital evidence, sparking "deep doubt" and challenging courts to authenticate media in an age of increasing disinformation.