June 27, 2020
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Are Legal Hold Notices Protected by Attorney-Client Privilege?

  Generally, legal hold notices (also called “litigation holds”) are privileged, protected by the attorney-client privilege or work product doctrine. See, e.g. Gibson v. Ford Motor […]
March 30, 2020

Lawyers’ Duty of Technology Competence By State in 2020 [Infographic]

(Updated March 30, 2020) In 2012 the American Bar Association amended Comment 8 to Model Rule of Professional Conduct 1.1 (Duty of Competence) to address changes […]
July 29, 2019

Does Parent Company Have Duty to Ensure Subsidiary Preserves Documents and ESI?

If a subsidiary business is embroiled in a legal dispute, must the parent company see to it that the subsidiary preserves materials relevant to the dispute? […]
May 9, 2019
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Is That Discovery or ESI You Want Really Lost?

Before you get all fired up and shoot off an email to opposing counsel with the obligatory threat of sanctions because his/her client did not preserve […]
August 29, 2018
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Your Opponent Didn’t Produce Gmail. Just Subpoena Google, Right? Nope.

Your client sued a competitor who is also the new employer of your client’s former employee. You suspect before the employee left, he sent your client’s […]
July 2, 2018

You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Your company just received a document subpoena in a case in which it is not a party. Who covers the expense in responding to it? If […]
November 28, 2017
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Is it OK to Redact Irrelevant Information in Document Discovery?

  Is there a legal basis to redact irrelevant information from documents produced in litigation? As a few court opinions explain, probably not unless there is […]
July 10, 2017

Attorney-Client Privilege Covers Discovery From In-House Legal Teams

Discovery from in-house corporate litigation support staff is generally protected by the attorney work product doctrine and the attorney-client privilege.
November 21, 2016
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Do I Have to Agree to E-Discovery Search Terms?

Use of search terms to find documents is a pretty basic and commonly accepted e-discovery concept. Since at least the 1990s, legal research courses have been teaching […]