October 7, 2020
Image of Locked Filing Cabinet for Article of Litigation holds and duty to preserve evidence

Litigation Hold Triggers and the Duty to Preserve Evidence (2020 Edition)

Implementing a legal hold to preserve relevant information is required upon a credible threat of litigation and preservation efforts must be reasonable. But...sanctions for spoliation of evidence are only available if prejudice is shown.
September 23, 2020

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

Companies responding to federal subpoenas are responsible for costs unless the costs are "significant" and generally cannot charge for data requests under privacy laws.
June 27, 2020
Image to stack of papers pad locked

Are Legal Hold Notices Protected by Attorney-Client Privilege?

Litigation hold notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor legal hold procedures.
March 30, 2020

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

Most states now require attorneys to keep up with technology as part of the duty of competent representation (an addition to MRPC 1.1).
July 29, 2019

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

Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
May 9, 2019
Image of Lost ESI e-discovery

Is That Discovery or ESI You Want Really Lost?

Under the FRCP, ESI and other discovery may not be considered "lost" if it can be restored or replaced through additional discovery.
August 29, 2018
Image of a document subpoena

Your Opponent Didn’t Produce Gmail. Just Subpoena Google, Right? Nope.

The Stored Communication Act (SCA) prohibits email service providers from producing the content of email messages in response to subpoenas.
November 28, 2017
Image of redacted document

Is it OK to Redact Irrelevant Information in Document Discovery?

Irrelevant information may not be redacted from documents produced in litigation unless it is protected from disclosure under another rule.
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.