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Articles about legal technology, legal operations, e-discovery and other related matters of interest.

Is That Discovery or ESI You Want Really Lost?
E-Discovery, Electronically Stored Information (ESI), ESI preservation, FRCP, Sanctions, Spoliation of Evidence, 09 May, 2019
Under the FRCP, ESI and other discovery may not be considered "lost" if it can be restored or replaced through additional discovery.

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UPDATED: Lawyers’ Duty of Technology Competence By State [Infographic]
Ethics and Rules of Professional Conduct, Legal Technology, 18 Apr, 2019
Most states now require attorneys to keep up with technology as part of the duty of competent representation.

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How Much Privilege Review is Required Under a Clawback Agreement?
Attorney Client Privilege and Attorney Work Product, Court Rules, Document Review, E-Discovery, Electronically Stored Information (ESI), ESI Production, Evidence, FRCP, Scope of Discovery, 06 Mar, 2019
Clawback agreements are a good way to limit the impact of disclosing privileged information, but even with them, some privilege review is necessary.

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Statistical Sampling in Electronic Discovery and Other Legal Document Reviews
Computer and Technology Assisted Review, E-Discovery, Electronically Stored Information (ESI), Predictive Coding, Search, Software, 19 Feb, 2019
How random and statistical sampling is used in e-discovery and other types of legal projects projects to improve accuracy, save time, effort and money.

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People Are Really Interested in Subpoenas… Who Knew?
E-Discovery, Electronically Stored Information (ESI), ESI Collection, ESI Production, Privacy, Recoverable Costs, Scope of Discovery, 12 Dec, 2018
Every year we look our most read articles. This year, people are very interested in subpoenas for documents and electronically stored information (ESI).

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Knowledge Management for Law Firms and Legal Departments-Where to Start
Information Governance, Legal Operations, 28 Nov, 2018
Law is perfect for knowledge management. Law firm CKO Vishal Agnihotri says KM is "leveraging critical knowledge at the right time for the right purpose."

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Your Opponent Didn’t Produce Gmail. Just Subpoena Google, Right? Nope.
E-Discovery, Electronically Stored Information (ESI), Scope of Discovery, Social Media, 29 Aug, 2018
The Stored Communication Act (SCA) prohibits email service providers from producing the content of email messages in response to subpoenas.

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Discovery of Salesforce.com (and SaaS) Data in Civil Litigation
E-Discovery, Electronically Stored Information (ESI), ESI preservation, SaaS, Spoliation of Evidence, 07 Aug, 2018
Salesforce.com and SaaS data preservation must be confirmed and attorneys must understand technology to ensure compliance with discovery obligations.

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Even With Clawback Agreement, Use of Material May Waive Privilege
Attorney Client Privilege and Attorney Work Product, Court Rules, E-Discovery, Evidence, 18 Jul, 2018
Even with a clawback agreement, protection of attorney-client privilege may be waived if information is used without objection.

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You Subpoenaed My Documents, Shouldn’t You Pay for Them?
Costs and Cost Shifting, Court Rules, E-Discovery, FRCP, Recoverable Costs, 02 Jul, 2018
In federal litigation, responding party is generally responsible for subpoena costs. However, financial hardship or state statutes or rules may shift costs.

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