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

Does Parent Company Have Duty to Ensure Subsidiary Preserves Documents?

Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.

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Raise Spoliation Before Summary Judgment (or Forever Hold Your Peace)

If evidence spoliation is suspected, it might be best to bring it to the court's attention before responding to a summary judgment motion.

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

A conflict is brewing between state and federal courts involving in-house counsel, whistleblowers and the use of attorney-client privileged information.

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Litigation Hold Triggers and the Duty to Preserve Evidence

Implementing a legal hold to preserve relevant information is required upon a credible threat of litigation and preservation efforts must be reasonable.

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

A look at a few rules of professional conduct that might apply when in-house counsel must deal with e-discovery projects.

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6 Things We Learned About Legal Tech & E-Discovery in 2016

Six developments in legal technology and e-discovery law from 2016.

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California Legal Ethics Update: State Bar Opinion on Attorney Blogging

Is attorney blogging a “communication” subject to rules regulating attorney advertising? The State Bar of California weighs in.

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IL Case Law Update: Inspection of Litigant’s Hard Drive and Discovery Proportionality

An Illinois court offers guidance on when it is appropriate for a litigant to search an adversary's computer and weighs in on e-discovery proportionality.

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E-Discovery Cooperation- Some Suggested Areas of Agreement

This article explains why cooperation is an important e-discovery concept and also provides some real-world suggestions about areas of cooperation.

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Do I Have to Agree to E-Discovery Search Terms?

E-discovery is a cooperative party-driven process. Agreement on search terms and methods is important. But, that does not mean you get everything you want.

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