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

Court Addresses EMR Audit Trails and Peer Review Privilege

Court holds medical audit trails not protected by peer review privilege or work product doctrine because they are created in ordinary course of business.

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The 5 Ws (and 1 H) of ESI Custodian Interviews

The heart of ESI custodian questionnaires and interviews is really just the 5 Ws (and 1 H)-who, what, where, when, why and how.

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May Litigants Depose Court Appointed Expert Witnesses?

As detailed in a recent case, Federal Rule of Evidence 706 permits courts to appoint expert witnesses and states that they may be deposed by any party.

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E-Discovery Proportionality Explained

E-discovery "proportionality" is often an amorphous concept. However, court rules, commentators and case law provide guidance.

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What is an ESI or Data Custodian?

In non-legalese, a custodian is a witness or potential witness with control of relevant evidence.

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Do I Have to Produce Deleted or Corrupted ESI?

Absent good cause, litigants generally need not produce ESI that is “not reasonably accessible." But, if produced, requesting party may have to pay for it.

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Metadata: Can’t Always Get What You Want, Sometimes You Get What You Need

To obtain metadata in discovery, it is best to request it upfront and a showing of "particularized need" may be required.

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Do Attorney Liens Attach to ESI Hosted by E-Discovery Vendors?

Court holds that attorney lien asserted to recover unpaid legal fees attached to client's electronically stored information hosted by e-discovery vendor.

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What is a CSV file?

"Comma Separated Value" files save data in a structured format. They are often used with spreadsheet programs, but are also used in e-discovery processing.

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The Revised California E-Discovery Ethics Opinion – What Changed?

Proposed ethics opinion is revised but guidance unchanged: lawyers must familiarize themselves with e-discovery or engage others with e-discovery expertise.

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