We’ve been doing them for a while now, so it’s time to provide more Key eDiscovery Points with Brett Burney of Nextpoint and me!

Back in November, I promoted our first episode in the video series that discusses blog posts from eDiscovery Today and lessons learned from them – that first episode was about the big redaction flub that affected Tiktok. Since then, we’ve tried to record a new episode most weeks.

Here are more Key eDiscovery Points we’ve covered:

• Get Your Objections In Early – and Keep Your Filings Succinct: Brett and I discuss a recent decision regarding objections and confidentiality designations. The takeaway? Don’t wait to file your objections – and try to keep them shorter than 1,900 pages.
• Should Hyperlinked Files Be Treated as Modern Attachments?: Brett and I discuss hyperlinked files, one of the hot topics in eDiscovery, and how they should be handled.
• Timing Sweet Spots for Spoliation Motions: Here, Brett and I discuss a recent informative case ruling by Illinois District Judge Iain Johnston that addresses the timing for spoliation motions.
• No Need to Be Leery About AI: Brett and I discuss Craig Ball’s terrific publication, The Leery Lawyer’s Guide to AI: Artificial Intelligence Best Practices.
• Even AI Experts Can Get Faked Out: Brett and I discuss a case where an AI-generated court declaration (from an AI expert) contained fake citations.
• Get Your Copy of the 2025 eDiscovery State of the Industry Report: Brett and I discuss some key findings from this year’s report.
• AI Says AI Will Replace Paralegals… But Not So Fast!: Brett and I dive into Deep Research’s bold prediction that AI could replace paralegals and discuss how ridiculous that is.
• Timing is Mostly Everything in eDiscovery: Brett and I dive into a recent court ruling involving an eDiscovery nuance – how timestamps are determined.
• Hyperlinked File Versions – Contemporaneous or “As Sent”?: Here, Brett and I get into what “contemporaneous” really means and that it doesn’t necessarily mean the “as sent” version of the file.
• If You Dispose of Relevant Hard Drives You Will Face Some Consequences: Duh, right? But Brett and I discuss that the consequences may not be what you think in this case.
• Don’t Rush in as an AI Fool!: This time, we discuss how lawyers, once slow to adopt technology, are now eagerly embracing GenAI — often without understanding its risks.
• Be Willing to Agree and Compromise When It Comes to Hyperlinks: Our favorite topic! 😊 This time, we discuss a key stipulation from the In re Uber Techs case agreed to by the parties.

All these video discussions are short and sweet, following the “7/11 rule” (i.e., between seven and eleven minutes), so they’re a quick and easy listen!

Brett and I will continue to record these when we can, so I’ll circle back periodically with more Key eDiscovery Points!

So, what do you think? Which Key Discovery Point is your favorite? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using GPT-4o’s Image Creator Powered by DALL-E, using the term “robot putting a key into a door lock of a locked door”. I think DALL-E missed the “key” to a good image here! 😀

Disclosure: Nextpoint is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the authors and speakers themselves, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.