April 25, 2017

A Discovery Dispute Makes the Big Time (SCOTUS!)

Likely to the delight of many a district court judge, a discovery dispute made its way into the rarefied air of the United States Supreme Court. […]
January 23, 2017

A Privilege to Serve? Attorney-Client Privilege, In-House Counsel & Whistleblowing

An interesting conflict is brewing in some state and federal courts involving whistleblowers and the attorney-client privilege–specifically the use of privileged information by in-house counsel whistleblowers. […]
January 16, 2017
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Litigation Hold Triggers and the Duty to Preserve Evidence

For a party to meet its obligation to produce relevant evidence during the discovery phase of litigation, they must first meet their obligation to preserve evidence. […]
January 9, 2017

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

  Although most rules of professional conduct are geared toward lawyers in private practice, they also apply to in-house counsel. This is true even when corporate […]
December 5, 2016
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E-Discovery Cooperation- Some Suggested Areas of Agreement

    Cooperation. Some call it an e-discovery best practice. Others describe it as a minimum standard of care in e-discovery. Regardless of label, there is little question […]
November 21, 2016
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Do I Have to Agree to E-Discovery Search Terms?

Use of search terms to find documents is a pretty basic and commonly accepted e-discovery concept. Since at least the 1990s, legal research courses have been teaching […]
November 8, 2016
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15 Issues to Consider for E-Discovery and ESI Protocols

Under Federal Rule of Civil Procedure 26(f) and some state court rules like Colorado’s CAPP Rule 6.1, litigants are required to meet and confer early in a […]
October 31, 2016
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Do Email Messages Have to Be Produced With Attachments in Litigation?

Many will tell you that it is an e-discovery best practice to classify document families consistently and that “parent child relationships” (such as emails and attachments) […]
September 26, 2016

Document Request Objections and the Rule 34 “Specificity” Requirement

Fun fact: When responding to document requests during the discovery phase of litigation, rather than stating documents were withheld (as now required by Federal Rule of […]