August 29, 2018
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Your Opponent Didn’t Produce Gmail. Just Subpoena Google, Right? Nope.

Your client sued a competitor who is also the new employer of your client’s former employee. You suspect before the employee left, he sent your client’s […]
August 7, 2018
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Discovery of Salesforce.com (and SaaS) Data in Civil Litigation

  Salesforce.com develops customer relationship management software that is, among other things, used to track sales activities. Salesforce.com products are offered as software as a service or, SaaS.  This means users do […]
July 18, 2018

Even With Clawback Agreement, Use of Material May Waive Privilege

  We here at Percipient are fans of clawback agreements.   Clawback agreements are authorized by state and federal evidence rules, such as Federal Rule of Evidence […]
July 2, 2018

You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Your company just received a document subpoena in a case in which it is not a party. Who covers the expense in responding to it? If […]
March 7, 2018
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Document Production with a Load File Error? 3 Common Fixes

  Did you just receive a document production with a load file error?   You are not the first and will not be the last.   […]
February 14, 2018

Attorneys’ Duty to Implement Legal Hold Does Not End After Hitting Send

Who knew the topic of legal holds is so engaging? Articles about legal and litigation holds turn out to be some of our most popular reads. […]
January 15, 2018
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New Hearsay Rule Addresses “Ancient” ESI and Electronic Evidence

Although receiving far less fanfare than the 2015 amendments to the Federal Rules of Civil Procedure, changes to Federal Rules of Evidence addressing electronically stored information […]
January 4, 2018
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The Dashboard Difference

    As the volume of Electronically Stored Information (ESI) collected for litigation, investigations and other legal matters grows, so too does the task of filtering […]
November 28, 2017
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Is it OK to Redact Irrelevant Information in Document Discovery?

  Is there a legal basis to redact irrelevant information from documents produced in litigation? As a few court opinions explain, probably not unless there is […]