September 29, 2014
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What is a Load File?

Attorneys dealing with electronic discovery (e-discovery) often produce electronic documents with “load files.”  But, what is a load file?  In short, it is a file that […]
September 23, 2014
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E-Discovery Production Format: Opportunity Only Knocks Once

    Although often overlooked, the Federal Rules of Civil Procedure and many state e-discovery rules specifically state that litigants are only obligated to produce electronically […]
September 10, 2014

May a Prevailing Litigant Recover All E-Discovery Costs?

May a prevailing litigant recover all its e-discovery costs from an opponent?  No, according to several federal circuit court decisions and an opinion from the United States […]
August 22, 2014
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6 Ways to Keep Communications with E-Discovery and Litigation Vendors Confidential

Communications between lawyers and outside consultants, such as e-discovery vendors, are largely protected by the attorney work product doctrine, but may also be protected by the […]
July 1, 2014
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Ten E-Discovery Issues to Address During Rule 26(f) and Other Discovery Conferences

Federal Rule of Civil Procedure 26(f) and similar state rules such as Colorado’s Rule of Civil Procedure 16(b)(3) and California Rule of Court 3.724 (8) direct attorneys to meet […]
June 19, 2014

Illinois Supreme Court Rule 201 Amended to Address E-Discovery Proportionality

Amendments to Illinois Supreme Court Rule 201, effective July 1, 2014, are intended to discourage requests for electronically stored information (ESI) that are disproportionate to the […]
May 27, 2014

Must ESI be Organized and Labeled to Correspond to Categories of Document Requests?

With increasing frequency, courts are being asked to compel parties responding to document requests to label electronically stored information (ESI) to correspond to the document requests […]
May 5, 2014

When Must Litigant Provide Computer to Opponent for Examination?

An Ohio appellate decision, Fastners For Retail, Inc. v. DeJohn, examines factors courts consider before compelling production of a litigant’s computer for forensic imaging and search.  […]
April 29, 2014

E-Discovery Costs May Be Shifted to Plaintiffs Only if Undue Burden Shown

Judge Thomas J. Rueter of the United States District Court for the Eastern District of Pennsylvania recently considered a motion by Caldera Medical, Inc., a defendant in […]