May 5, 2021

6 Ways to Keep Communications with Legal Vendors & Consultants Confidential

Attorney work product doctrine generally shields communications between attorneys and legal consultants, but steps must be taken to preserve confidentiality.
March 23, 2021

Lawyers’ Duty of Technology Competence By State in 2022 [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).
December 16, 2020

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

Parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
November 5, 2020

Best Practice Tips From the Bench for Virtual Court Hearings via Zoom

Federal Magistrate Judge Tony Leung offers a few pointers to lawyers preparing for virtual court hearings via zoom or other video conference apps in the latest Technically Legal Podcast.
October 7, 2020

Litigation Hold Triggers and the Duty to Preserve Evidence

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

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.
May 9, 2019

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

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.
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