August 29, 2016

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

"Possession, custody and control" of documents & ESI examined by the Sedona Conference. Taking a look into what they suggest.
January 11, 2016

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

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 […]
November 30, 2015

The Big Day is Here: FRCP E-Discovery Amendments Go Live

Well, the day is finally here. Amendments to the Federal Rules of Civil Procedure addressing e-discovery (among other things) are effective December 1, 2015.   If […]
August 7, 2015

Is Your Litigation Opponent Entitled to Know the Identity of Your E-Discovery Consultant?

  If you consult an expert to discuss e-discovery issues arising in litigation or hire a computer forensics consultant to help address technical issues, but they […]
June 5, 2015

What You Need to Know About the FRCP E-Discovery Amendments

As referenced in prior posts, amendments to the Federal Rules of Civil Procedure addressing e-discovery and electronically stored information (ESI) are closer to adoption. On April 29, […]
May 11, 2015

E-Discovery Proportionality Explained

“Proportionality” is a popular e-discovery buzzword and a concept referenced in federal and state rules of civil procedure. Discovery in litigation should be proportional to the case […]
April 28, 2015

Do I Have to Produce Deleted or Corrupted ESI?

Under Federal Rule of Civil Procedure 26(b)(2)(b), and similar state rules such as Illinois Supreme Court Rule 201, absent good cause, litigants are not required to […]