July 6, 2021
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15 Issues to Consider for E-Discovery and ESI Protocols (2021 Update)

For those unfamiliar with e-discovery and ESI, negotiating an ESI protocol may seem daunting. Here are some items to consider including.
March 6, 2019
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How Much Privilege Review is Required Under a Clawback Agreement?

Clawback agreements are a good way to limit the impact of disclosing privileged information, but even with them, some privilege review is necessary.
November 28, 2018
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Knowledge Management for Legal Departments and Law Firms-Where to Start

Legal is perfect for knowledge management. Law firm CKO Vishal Agnihotri says KM is "leveraging critical knowledge at the right time for the right purpose."
August 7, 2018
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Discovery of Salesforce.com (and SaaS) Data in Civil Litigation

Salesforce.com and SaaS data preservation must be confirmed and attorneys must understand technology to ensure compliance with discovery obligations.
July 18, 2018
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Even With Clawback Agreement, Use of Material May Waive Privilege

Even with a clawback agreement, protection of attorney-client privilege may be waived if information is used without objection.
January 15, 2018
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New Hearsay Rule Addresses “Ancient” ESI and Electronic Evidence

Responding to proliferation of electronic evidence, changes to evidence rules will limit the "ancient documents" hearsay exception to pre-1998 documents.
October 31, 2017

Is Using Box the Same as Leaving Documents on a Park Bench? (Nope).

Is uploading info into file sharing sites without password protection the same as leaving it on a park bench? One judge thought so but another disagreed.
June 13, 2017

Does an Employer Have a Duty to Preserve an Employee’s Personal Cloud Storage

Depending on the court, duty to preserve data in employee's personal cloud may arise. Is is your responsibility?
April 25, 2017
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A Discovery Dispute Makes the Big Time (SCOTUS!)

The United States Supreme Court weighs in on sanctions for discovery misconduct. But, does it mean anything for e-discovery enthusiasts?