July 6, 2021

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

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

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

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

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

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.
January 23, 2017

A Privilege to Serve? Attorney-Client Privilege, In-House Counsel & Whistleblowing

A conflict is brewing between state and federal courts involving in-house counsel, whistleblowers and the use of attorney-client privileged information.
January 9, 2017

E-Discovery Ethical Conundrums (In-House Counsel Edition)

A look at a few rules of professional conduct that might apply when in-house counsel must deal with e-discovery projects.
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