Evidence Sufficient to Demonstrate that Audio Recording Was Not a Deepfake
In Burnley v. Valentin, the Eastern District of Virginia ruled that an audio recording alleged to be a deepfake was authentic and admissible. The court relied on sworn declarations from Walburn and Roskam to satisfy Federal Rule of Evidence 901(a) without a formal certificate of authenticity. It rejected Burnley's challenges on chain‑of‑custody and voice‑identification grounds, finding the testimony sufficient to link the voice to the plaintiff. Consequently, the court enforced the settlement agreement, deeming Burnley's breach intentional and actionable.
Plaintiff Sold Her Cell Phone After Litigation Commenced
Ms. Jennifer L. Hernandez sold her cell phone after filing a harassment suit, despite counsel’s warning to preserve electronically stored information (ESI). The court held that all five Rule 37(e) threshold requirements were met, finding her actions unreasonable and the missing...
Litigation Strategy Moves at the Speed of Insight
Relativity has introduced aiR for Case Strategy within its FedRAMP‑authorized RelativityOne Government platform, leveraging generative AI to surface narrative patterns, key actors, and structured summaries from massive litigation data sets. The tool accelerates early case insight, allowing agencies to scope...
Example of a Proper Use of GenAI
The 11th Circuit in Edwards v. Grubbs (2026) accepted a generative‑AI diagram illustrating a 30‑40° embankment and a 24‑foot drop as part of the record. The AI‑created exhibit helped the court visualize the scene where Officer Grubbs tasered a fleeing, unarmed...
Relativity Reinforces Its Role in Legal Data Intelligence with Brand Refresh at Legalweek 2026
Relativity unveiled a refreshed brand identity at Legalweek 2026, signaling its evolution from a pure e‑discovery provider to a broader legal data intelligence platform. The company highlighted that more than 55 percent of RelativityOne’s data now stems from non‑litigation workflows, underscoring the...
A Complete Analysis of the Winter 2026 eDiscovery Pricing Survey
The Winter 2026 eDiscovery Pricing Survey of 53 practitioners reveals stable forensic collection rates at $250‑$350 per hour, while data processing and hosting are increasingly commoditized except for analytics‑enabled tiers. Document review pricing remains anchored at $0.50‑$1.00 per document, but GenAI‑assisted...
December 2025 Privilege Protection Amendments to Fed.R.Civ.P. 16 and 26
The Federal Rules of Civil Procedure were amended on December 1, 2025, adding a new subsection to Rule 16 and revising Rule 26(f)(3)(D). The changes require parties to address privilege and protection issues, including timing and method for complying with Rule 26(b)(5)(A), in their discovery...
The Purpose of an ESI Protocol
The California court clarified that an Electronic Stored Information (ESI) protocol is designed to promote reasonable electronic discovery, curb costs, and ensure preservation of relevant data. In Plata v. Lands’ End, the plaintiff sent a draft protocol, the defendant proposed...
“The Fire and BPA’s Preservation of Evidence”
The District Court in Oregon held Bonneville Power Administration (BPA) liable for willful spoliation of both physical evidence and electronically stored information after the September 2020 Holiday Farm fire. BPA moved and destroyed trees at the ignition site despite a preservation...
Weekly Letter to Our EDRM Global Community – 03 March 2026
The Electronic Discovery Reference Model (EDRM) announced it has been named the #1 eDiscovery firm in JD Supra’s 2026 Readers’ Choice Awards, marking its fourth consecutive win. The letter also highlighted HaystackID’s acquisition of eDiscovery AI to accelerate client‑driven generative AI workflows...
Illumination Zone: Episode 226 | Greg Moreman of Level Legal Sits Down with Mary Mack and Holley Robinson
Level Legal’s partner Greg Moreman discussed the firm’s AI integration strategy on EDRM’s Illumination Zone podcast. He highlighted the need for defensible, outcome‑driven models and stressed that an expert human must remain in the loop. Moreman advised starting with small...
Survey: Nearly 90% of Legal and Tech Pros Say Operational Gaps, Not Regulation, Threaten Defensibility
Exterro’s latest survey of over 400 legal, IT, data‑governance and security professionals reveals that operational shortcomings, not regulatory uncertainty, now pose the greatest threat to defensible eDiscovery. Nearly 90% of respondents flagged budget limits, skill gaps and fragmented governance as...
Privilege Waived Because Pre-Production Measures Were Not Shown to Be Reasonable
In Wilson Aerospace LLC v. Boeing, the Western District of Washington held that Wilson waived attorney‑client privilege and work‑product protection by failing to demonstrate reasonable pre‑production safeguards. The court noted Wilson’s reliance on a vague “second‑layer” filter without specific search...
Time of Production of Substantive and Impeachment Video Vis-À-Vis Date of Deposition
The D. Md. court in Frankhouse v. Jobe ruled that a cell‑extraction video with both substantive and impeachment relevance must be produced before the plaintiff’s deposition. The decision hinged on Federal Rule 34, which grants the requesting party the right...
EDRM Earns JD Supra’s Readers’ Choice Award for 2026
The Electronic Discovery Reference Model (EDRM) was named JD Supra’s #1 firm in eDiscovery for 2026, marking its fourth straight year at the top. The award reflects reader‑driven data from 2025, highlighting the firm’s extensive author network and high‑engagement content. Individual...
Illumination Zone: Episode 224 | Timothy Conlon of DarrowEverett Sits Down with Mary Mack and Holley Robinson
Timothy Conlon, a DarrowEverett partner, discusses his transition from family law to eDiscovery on the Illumination Zone podcast, highlighting his new book *Electronic Evidence for Family Law Attorneys*. He explains how smartphones act as “supercomputers in a pocket,” storing self‑disclosed...
Something Big Is Happening — But Not What You Think
Ralph Losey challenges Matt Shumer’s viral claim that AI will soon replace white‑collar workers, arguing that while capability is accelerating, progress is jagged and domain‑specific. He highlights persistent hallucinations in legal AI, the limited relevance of benchmark curves, and the...
Plaintiffs’ Failure to Timely Raise Lack of Defendant’s Privilege Log Defeats Waiver Claim
The Nevada district court rejected plaintiffs’ motion to deem all privileges waived because the insurer’s privilege log was filed late. While the court affirmed the ongoing duty to supplement disclosures under Rule 26(e), it declined to impose a strict 30‑day rolling...
HaystackID Launches AI Governance Services to Help Organizations Operationalize Responsible, Defensible AI Oversight
HaystackID announced the launch of HaystackID® AI Governance Services, a portfolio designed to help enterprises move from AI policies to an execution‑ready governance operating model. The offering arrives as the EU AI Act has been in force since February 2025 and...
Possession, Custody, or Control – Need for a Uniform National Standard – Part II
In L.S. v. Bolduan, the Western District of Washington applied the “legal control” test and held that defense counsel’s possession of State‑court documents did not automatically give the federal defendants possession, custody, or control of those records. The court emphasized...
Weekly Letter to Our EDRM Global Community – 17 February 2026
The latest EDRM weekly letter highlights two pivotal court rulings: client‑self‑help AI documents were deemed non‑privileged and AI hallucinations prompted Rule 11 sanctions. It also promotes the ComplexDiscovery Winter 2026 eDiscovery Pricing Survey, which benchmarks AI‑driven pricing models. Upcoming webinars and podcasts...
A.I. Documents Deemed Not Privileged
A U.S. District Judge in New York ruled that a Texas financial‑services executive cannot claim attorney‑client privilege over 31 documents he created with an artificial‑intelligence tool. The judge found the AI outputs were not communications with counsel, lacked confidentiality, and...
