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Blog

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

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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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.

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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.

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E-Discovery Ethical Conundrums (In-House Counsel Edition)

A look at a few rules of professional conduct that might apply when in-house counsel must deal with e-discovery projects.

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6 Things We Learned About Legal Tech & E-Discovery in 2016

Six developments in legal technology and e-discovery law from 2016.

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California Legal Ethics Update: State Bar Opinion on Attorney Blogging

Is attorney blogging a “communication” subject to rules regulating attorney advertising? The State Bar of California weighs in.

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