Insights &amp; Guidance

For Archivists and Digital Preservation SpecialistsRead article

Stop Chasing One Definition of "Long-Term" Preservation

GLAM institutions differ greatly in defining 'long-term' digital preservation, highlighting the need for standards focused on verification cycles over fixed durations.

Redacted on Screen, Exposed in the Production

For Compliance OfficersRead

Redacted on Screen, Exposed in the Production

Redaction failures in eDiscovery often stem from unverified exports that expose hidden PII in metadata and native files, risking compliance and confidentiality.

Prepare Your TAR Workflow for Unconfirmed FTC Recall Floors

Prepare Your TAR Workflow for Unconfirmed FTC Recall Floors

FTC's unconfirmed TAR recall and precision floors pose challenges. Legal teams must prepare adaptable workflows to meet these potential standards and avoid last-minute changes.

Top Email or Every Email? The Privilege Log Dilemma

Top Email or Every Email? The Privilege Log Dilemma

The debate over logging top emails versus every email in threads impacts review costs and legal risks. Certification logs may offer a practical middle ground.

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AI Log Retention: A Field Guide for Defensible Programs

For Information Governance ProfessionalsRead

AI Log Retention: A Field Guide for Defensible Programs

This guide outlines how organizations can establish AI log retention policies that comply with legal and regulatory requirements, ensuring defensible data management.

Can We Skip the 26(f) Call This Time?

The Rule 26(f) conference is a crucial step in discovery planning, not just a formality. Proper preparation prevents costly mistakes and sets a strong foundation.

Scan Now or Convert Later? Your Legacy Migration Path

Records Lifecycle

Scan Now or Convert Later? Your Legacy Migration Path

Choosing the right legacy migration path hinges on inventory accuracy and compliance needs. Proper planning prevents audit failures and costly data retrieval delays.

For Records ManagersRead

When Courts Draw the Line on Discovery Requests

When Courts Draw the Line on Discovery Requests

This guide explains how courts draw the line on discovery requests, focusing on drafting contention interrogatories that avoid burden objections while gathering key case facts.

Court Allows Late Privilege Claim After Insurer Walks Away

For Information Governance ProfessionalsRead

3 min read

Court Allows Late Privilege Claim After Insurer Walks Away

A court ruled that a late privilege claim was excusable after an insurer denied coverage, highlighting the need for flexible, case-by-case privilege assertions.

When Redaction Meets Rule 612

The Coinstar case confirms that producing redacted documents a witness reviewed complies with Rule 612(b), influencing eDiscovery and legal strategies.

AI Can't Negotiate Your ESI Protocol

Federal courts mandate collaborative ESI protocol development involving experts. AI tools assist but cannot replace required negotiation and transparency.

SEC's New Exam Handbook: Four Changes That Matter

Laws & Regulations

For Compliance OfficersRead

SEC's New Exam Handbook: Four Changes That Matter

The SEC's updated exam handbook details four critical changes that help compliance teams prepare strategically for examinations and align retention policies.

Can We Actually Use That Screenshot in Court?

Can We Actually Use That Screenshot in Court?

Screenshots of social media posts face admissibility challenges under the Best Evidence Rule. Forensic captures with metadata and hash values provide stronger legal proof.

Social Media Evidence Preservation Under FRCP 37(e)

Social Media Evidence Preservation Under FRCP 37(e)

This guide explains how FRCP 37(e) governs social media evidence preservation, detailing when duties arise, what to preserve, and how to avoid costly sanctions.

Rule 612 Redactions: A Field Protocol for Witness Prep Documents

Rule 612 Redactions: A Field Protocol for Witness Prep Documents

Explore how Rule 612(b) guides redactions in witness prep documents, balancing transparency with legal strategy to protect sensitive material during eDiscovery.

GenAI in eDiscovery Needs Court Approval First

GenAI in eDiscovery Needs Court Approval First

You ve heard it in vendor pitches, conference panels, and cautious internal memos: We re waiting for the case law to catch up. The assumption is that generative AI in discovery review needs its own ju

Courts Set New AI Boundaries in eDiscovery: What the 2026 Rulings Mean for Your Workflow

3 min read

Courts Set New AI Boundaries in eDiscovery: What the 2026 Rulings Mean for Your Workflow

What Happened In 2026, federal courts issued rulings that reshaped how legal teams can use AI in eDiscovery. The message was clear: while AI tools can boost efficiency, they don t replace human accoun

Should You Filter AI-Coded Documents Through Human Review?

Should You Filter AI-Coded Documents Through Human Review?

You re considering generative AI for document review. The vendor claims 87.7% recall, while your current technology-assisted review achieves 64.4%. The choice seems clear. It s not. The real decision

Should You Worry About Your Team's AI Queries in Litigation?

For Information Governance ProfessionalsRead

Should You Worry About Your Team's AI Queries in Litigation?

The Question at Hand A Michigan federal judge recently ruled that a defendant s ChatGPT search history, specifically queries about whether Yahoo could recover deleted emails, demonstrated intent to de

Build a Privilege Log That Survives Scrutiny

Build a Privilege Log That Survives Scrutiny

You withheld forty-six documents as privileged. The opposing party challenges your log. The court reviews your entries and finds them deficient. Now you re preparing an amended log under deadline, and