September 9, 2016
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Are Litigation Hold Notices Protected by Attorney-Client Privilege?

  Generally, litigation hold notices are privileged, protected by the attorney-client privilege or work product doctrine. See, e.g. Gibson v. Ford Motor Co., 510 F. Supp. […]
August 29, 2016

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

Both state and federal rules of civil procedure permit litigants to request documents and electronically stored information (ESI) from other litigants and third parties by serving […]
August 15, 2016
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The Legal Ethics of Cloud Computing & SaaS

According to the American Bar Association 2015 Techreport, 31% of American lawyers utilize cloud computing or software as a service (SaaS) in their practice. We at […]
July 5, 2016

“How Many Emails Do I Have to Read Today?!?!?”

It is no secret that email messages represent a good chunk of electronically stored information (ESI) collected, reviewed and produced during electronic discovery. Although there is […]
June 27, 2016

The Web Page Authentication Dance — A Two Step

To enter evidence in court, attorneys must establish its authenticity. That is, offer proof that the evidence is really what they say it is. Authenticating evidence […]
June 20, 2016

Judge: “Come on, Just Use Deduplication.”

A federal court in Connecticut recently considered the age-old e-discovery question of how many custodians is too many?   In this particular case, more than nine […]
May 19, 2016
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Metadata. A Menace to Society?

    Metadata. Is there a more misunderstood e-discovery concept by attorneys and courts alike? Here’s the thing—metadata is not evil. In fact, it can make […]
May 4, 2016

So What’s a “Proportional” Document Request Nowadays?

      As detailed in prior posts (here and here), last year’s amendments to the Federal Rules of Civil Procedure emphasize discovery proportionality. Under revisions […]
April 25, 2016
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The Government is Knocking. Prepared to Let ’em In?

    It is no secret that the Securities and Exchange Commission and Department of Justice stepped up investigation and prosecution of corporate wrongdoing. In fact the Yates […]