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

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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15 Issues to Consider for E-Discovery and ESI Protocols

For those unfamiliar with e-discovery and ESI, negotiating an ESI protocol may seem daunting. However, nearly every protocol covers the same topics.

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Do Email Messages Have to Be Produced With Attachments in Litigation?

There is no hard and fast rule. But, there are a few legal arguments to support producing email messages with attachments.

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Are Employees Required to Disclose Passwords or Encryption Keys During Government Investigations?

Employees could be compelled to provide passwords to corporate data sought by a government investigation, but the Fifth Amendment might apply.

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Document Request Objections and the Rule 34 “Specificity” Requirement

Under FRCP 34, objections to document requests require "specificity," must state whether documents are withheld or describe search used to gather documents.

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Are Litigation Hold Notices Protected by Attorney-Client Privilege?

Litigation hold notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor litigation hold procedures.

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“Possession, Custody & Control” Tackled by The Sedona Conference

"Possession, custody and control" of documents & ESI examined by Sedona Conference. Suggests actual possession or legal right to material is proper test.

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The Legal Ethics of Cloud Computing & SaaS

When utilizing cloud computing and SaaS, ethical rules require lawyers to protect client confidences and conduct due diligence into cloud services used.

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Determining Return on Investment for E-Discovery Projects

With the help of Kelly Twigger, Principal of ESI Attorneys, we offer a couple examples of how to track ROI on e-discovery projects.

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