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 […]
March 30, 2016

Are Hard Copies and ESI Subject to Different Litigation Production Standards?

  As is often the case in modern litigation, a discovery dispute ensued In Kissing Camels Surgery Center, LLC v. Centura Health Corp., et al. 12-cv-03012-WJM-NYW. (D. […]
February 29, 2016

May Attorney Work Product be Used for Business Purposes?

If attorney work product material is used for business purposes does it lose its protected status? Maybe not if it satisfies the “because of” test.   […]
January 27, 2016
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Why Are You Using Screenshots as Webpage Evidence? (Guest Post)

        A question we often get from attorneys is how to effectively capture social media and webpage evidence for use in litigation and […]
January 19, 2016
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Can Your Client Claim the Fifth to Avoid a Document Subpoena?

As detailed by a recent report from the New York University Pollack Center for Law and Business, the Securities and Exchange Commission is stepping up enforcement […]
January 11, 2016
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E-Discovery Proportionality? Chief Justice Roberts digs it too.

  As we have written about here and here, proportionality is an important e-discovery concept and is front and center in recent amendments to the Federal […]
December 14, 2015

E-Discovery Proportionality for the Busy Lawyer [Infographic]

  In a rush, but dying to learn more about e-discovery proportionality?   Well, then do we have something for you! Below is an infographic outlining […]
December 10, 2015
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Are Custom Database Queries Required for Discovery in Litigation?

  Under Federal Rule of Civil Procedure 34, litigants responding to document requests in discovery are not generally required to create new documents. However, as explained […]
December 7, 2015

E-Discovery & Legal Ethics – What to Do About It Part 7: Producing ESI

  This is the last entry in a series of articles examining e-discovery concepts addressed in legal ethics opinions, such as State Bar of California Opinion CAL […]