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An e-discovery blog with articles about litigation, technology and other related matters of interest.

At a Glance: Lawyers’ Duty of Technology Competence By State [Infographic]

Professional Conduct Rules in more than 25 states require attorneys to keep up with technology as part of the duty of competent representation.

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Sampling: More Than Just an Annoyance at Costco

An overview of how random and statistical sampling is used in e-discovery and document review projects to save time, effort and money.

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A Discovery Dispute Makes the Big Time (SCOTUS!)

The United States Supreme Court weighs in on sanctions for discovery misconduct. But, does it mean anything for e-discovery enthusiasts?

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Discovery of Salesforce.com (and SaaS) Data in Civil Litigation

Salesforce.com and SaaS data preservation must be confirmed and attorneys must understand technology to ensure compliance with discovery obligations.

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Does Parent Company Have Duty to Ensure Subsidiary Preserves Documents?

Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.

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

In federal litigation responding party is generally responsible for subpoena costs. However state statutes or rules may shift costs to requesting party.

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Is Uploading Documents to Box the Same as Leaving Them on a Park Bench?

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.

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New Rule Will Permit Self Authentication of Electronic Evidence

Unless rejected by Congress or the Supreme Court, changes to Evidence Rule 902 will allow "self authentication" of certain electronic evidence and ESI.

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That Ancient Email You Saved From 1998 Is And Will Always Be Hearsay

Responding to proliferation of electronic evidence, changes to evidence rules will limit the "ancient documents" hearsay exception to pre-1998 documents.

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Raise Spoliation Before Summary Judgment (or Forever Hold Your Peace)

If evidence spoliation is suspected, it might be best to bring it to the court's attention before responding to a summary judgment motion.

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