May 9, 2019
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Is That Discovery or ESI You Want Really Lost?

Before you get all fired up and shoot off an email to opposing counsel with the obligatory threat of sanctions because his/her client did not preserve […]
March 6, 2019
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How Much Privilege Review is Required Under a Clawback Agreement?

  An interesting dispute unfolding between business competitors highlights the practical and legal implications of clawback agreements. In Arconic, Inc. v. Novelis, Inc., et al, Civil […]
February 19, 2019
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Statistical Sampling in Electronic Discovery and Other Legal Document Reviews

    Sampling as a means of quality control became widely used in World War II. The U.S. military used statistical sampling to test bullets before […]
August 29, 2018
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Your Opponent Didn’t Produce Gmail. Just Subpoena Google, Right? Nope.

Your client sued a competitor who is also the new employer of your client’s former employee. You suspect before the employee left, he sent your client’s […]
August 7, 2018
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Discovery of Salesforce.com (and SaaS) Data in Civil Litigation

  Salesforce.com develops customer relationship management software that is, among other things, used to track sales activities. Salesforce.com products are offered as software as a service or, SaaS.  This means users do […]
July 18, 2018

Even With Clawback Agreement, Use of Material May Waive Privilege

  We here at Percipient are fans of clawback agreements.   Clawback agreements are authorized by state and federal evidence rules, such as Federal Rule of Evidence […]
July 2, 2018

You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Your company just received a document subpoena in a case in which it is not a party. Who covers the expense in responding to it? If […]
March 7, 2018
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Document Production with a Load File Error? 3 Common Fixes

  Did you just receive a document production with a load file error?   You are not the first and will not be the last.   […]
February 14, 2018

Attorneys’ Duty to Implement Legal Hold Does Not End After Hitting Send

Who knew the topic of legal holds is so engaging? Articles about legal and litigation holds turn out to be some of our most popular reads. […]