loading please wait..

Blog

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

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?

Read More →

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.

Read More →

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.

Read More →

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.

Read More →

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.

Read More →

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.

Read More →

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.

Read More →

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.

Read More →

A Privilege to Serve? Attorney-Client Privilege, In-House Counsel & Whistleblowing

A conflict is brewing between state and federal courts involving in-house counsel, whistleblowers and the use of attorney-client privileged information.

Read More →

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.

Read More →