December 5, 2016

E-Discovery Cooperation- Some Suggested Areas of Agreement

We explain why cooperation is an important e-discovery concept and also provide some real-world suggestions about areas of cooperation.
August 29, 2016

“Possession, Custody & Control” Tackled by The Sedona Conference

"Possession, custody and control" of documents & ESI examined by the Sedona Conference. Taking a look into what they suggest.
June 20, 2016

Judge: “Come on, Just Use Deduplication.”

A federal court in Connecticut recently considered the age-old e-discovery question of how many custodians is too many?   In this particular case, more than nine […]
May 4, 2016

So What’s a “Proportional” Document Request Nowadays?

      As detailed in prior posts (here and here), last year’s amendments to the Federal Rules of Civil Procedure emphasize discovery proportionality. Under revisions […]
April 25, 2016

The Government is Knocking. Prepared to Let ’em In?

    It is no secret that the Securities and Exchange Commission and Department of Justice stepped up investigation and prosecution of corporate wrongdoing. In fact the Yates […]
February 29, 2016

May Attorney Work Product be Used for Business Purposes?

If attorney work product material is used for business purposes does it lose its protected status? Maybe not if it satisfies the “because of” test.   […]
January 19, 2016

Can Your Client Claim the Fifth to Avoid a Document Subpoena?

As detailed by a recent report from the New York University Pollack Center for Law and Business, the Securities and Exchange Commission is stepping up enforcement […]
January 11, 2016

E-Discovery Proportionality? Chief Justice Roberts digs it too.

  As we have written about here and here, proportionality is an important e-discovery concept and is front and center in recent amendments to the Federal […]
December 7, 2015

E-Discovery & Legal Ethics – What to Do About It Part 7: Producing ESI

  This is the last entry in a series of articles examining e-discovery concepts addressed in legal ethics opinions, such as State Bar of California Opinion CAL […]