loading please wait..

Blog

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

Does Employer Have a Duty to Preserve Employee’s Personal Cloud Storage
E-Discovery, Electronically Stored Information (ESI), ESI preservation, Possession Custody & Control, SaaS, Sanctions, Spoliation of Evidence, 13 Jun, 2017
Depending on court, duty to preserve data in employee's personal cloud may arise if employer has "practical ability" access it or a "legal right" to info.

Read More →

Civil Discovery in Federal Court– Hello Rocket Docket?
Court Rules, E-Discovery, Electronically Stored Information (ESI), ESI Production, 30 May, 2017
Federal courts in Arizona and Illinois are testing the Mandatory Initial Discovery Pilot requiring accelerated discovery in civil cases.

Read More →

At a Glance: Lawyers’ Duty of Technology Competence By State [Infographic]
Ethics and Rules of Professional Conduct, Legal Technology, 22 May, 2017
Professional Conduct Rules in more than 25 states require attorneys to keep up with technology as part of the duty of competent representation.

Read More →

Sampling: More Than Just an Annoyance at Costco
Computer and Technology Assisted Review, E-Discovery, Electronically Stored Information (ESI), Predictive Coding, Search, Software, 16 May, 2017
An overview of how random and statistical sampling is used in e-discovery and document review projects to save time, effort and money.

Read More →

A Discovery Dispute Makes the Big Time (SCOTUS!)
Court Rules, E-Discovery, Electronically Stored Information (ESI), ESI preservation, ESI Production, Sanctions, 25 Apr, 2017
The United States Supreme Court weighs in on sanctions for discovery misconduct. But, does it mean anything for e-discovery enthusiasts?

Read More →

Discovery of Salesforce.com (and SaaS) Data in Civil Litigation
E-Discovery, Electronically Stored Information (ESI), ESI preservation, SaaS, Spoliation of Evidence, 18 Apr, 2017
Salesforce.com and SaaS data preservation must be confirmed and attorneys must understand technology to ensure compliance with discovery obligations.

Read More →

Does Parent Company Have Duty to Ensure Subsidiary Preserves Documents?
Electronically Stored Information (ESI), ESI preservation, Evidence, Sanctions, Scope of Discovery, Spoliation of Evidence, 04 Apr, 2017
Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.

Read More →

You Subpoenaed My Documents, Shouldn’t You Pay for Them?
Costs and Cost Shifting, Court Rules, E-Discovery, FRCP, Recoverable Costs, 14 Mar, 2017
In federal litigation responding party is generally responsible for subpoena costs. However state statutes or rules may shift costs to requesting party.

Read More →

Is Uploading Documents to Box the Same as Leaving Them on a Park Bench?
Attorney Client Privilege and Attorney Work Product, Electronically Stored Information (ESI), Ethics and Rules of Professional Conduct, Sanctions, 07 Mar, 2017
Is uploading files to a file sharing site without password protection the same as leaving documents on a park bench? At least one court thinks so.

Read More →

New Rule Will Permit Self Authentication of Electronic Evidence
Court Rules, E-Discovery, Electronically Stored Information (ESI), Evidence, 20 Feb, 2017
Unless rejected by Congress or the Supreme Court, changes to Evidence Rule 902 will allow "self authentication" of certain electronic evidence and ESI.

Read More →