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.
Under FRCP 34, objections to document requests require "specificity," must state whether documents are withheld or describe search used to gather documents.
Litigation hold notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor litigation hold procedures.
"Possession, custody and control" of documents & ESI examined by Sedona Conference. Suggests actual possession or legal right to material is proper test.
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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