Insights
Defensible eDiscovery, explained.
Practical, current guidance on the procedures that hold up under scrutiny — legal holds, preservation, modern data sources, and defensible review. Written by the Law & Forensics eDiscovery team.
Foundations
What Is an eDiscovery Playbook?
A playbook is the difference between discovery you can defend and discovery you improvise. Here is what one actually is, what it documents, and why ad-hoc process is the most expensive option.
7 min read→
Legal Holds
Building Defensible Legal Holds
The duty to preserve attaches earlier than most teams think, and a forgotten hold is the fastest path to a Rule 37(e) problem. Here is how to make the trigger, the notice, and the follow-through defensible.
8 min read→
Meet & Confer
The Rule 26(f) Meet-and-Confer: An ESI Checklist
The Rule 26(f) conference is where the cost and shape of discovery is set — yet many parties walk in without positions. Here is a practical checklist for arriving prepared.
7 min read→
Preservation Risk
Rule 37(e): The Real Cost of Getting Preservation Wrong
The 2015 amendment to Rule 37(e) changed how courts sanction lost ESI — raising the bar for the harshest measures, but rewarding reasonable process. Here is what the rule requires and how to stay on the right side of it.
8 min read→
Modern Data Sources
Collecting from Microsoft 365, Teams & Slack
Email was simple. Collaboration platforms are not — threaded chats, edits, reactions, and links to live files break the old collection playbook. Here is how to collect modern sources defensibly.
8 min read→
Review
TAR, CAL & AI-Assisted Review: Making It Defensible
Technology-assisted review is well-established and court-accepted — but defensibility comes from process, not the algorithm. Here is how the methods differ and what makes their use hold up.
8 min read→