November 25, 2014
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Does the Best Evidence Rule Apply to Text Messages?

  As every good trial attorney knows, to offer evidence at trial, it must be established that the evidence is authentic. That is, establishing that the […]
November 18, 2014

What is a Computer File’s Hash Value?

After electronically stored information (ESI) is loaded into e-discovery software, each file is given a “hash value.” Hash values are strings of numbers and letters assigned […]
November 11, 2014
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5 Things to Include in an E-Discovery Clawback Agreement

As a result of the explosion of information parties must now review and produce in litigation (specifically, electronically stored information, or ESI), the Supreme Court, and […]
October 31, 2014
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What Does DeNIST Mean and Why Should You Care?

Many e-discovery software products and vendors offer the ability to “DeNIST” electronically stored information (ESI) collected for a legal matter.  What does it mean to DeNIST?  In […]
October 20, 2014
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Court: Privileged Docs Must be Returned but OK to Use Knowledge Learned From Them

A New York federal court ordered the recipient of inadvertently produced privileged documents to return them, but permitted use of knowledge learned from them.  In Stinson v. […]
October 17, 2014
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What is a .pst File?

When e-mail messages are collected for review in litigation, they are often delivered to attorneys or their e-discovery vendors in .pst files.  These “personal storage tables” […]
October 14, 2014

Subpoenaed Database Info Must Be Searchable/Sortable (On Request)

A California appellate court decision instructs that under California Code of Civil Procedure section 1985.8, if asked to do so, subpoena recipients must translate database information into […]
October 10, 2014

What is Unallocated and Slack Space on a Computer Hard Drive?

Generally, under both federal and state rules of civil procedure, parties are obligated only to produce electronically stored information (ESI) that is reasonably accessible.  For instance […]
October 3, 2014
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7 Uses for E-Discovery Software Other Than Reviewing Documents

The obvious and main use of e-discovery software is to identify electronic documents and other ESI (electronically stored information) relevant to a legal matter.  However, even […]