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Category Archive for: E-Discovery

Discovery of Salesforce.com (and SaaS) Data in Civil Litigation

Salesforce.com and SaaS data preservation must be confirmed and attorneys must understand technology to ensure compliance with discovery obligations.

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Even With Clawback Agreement, Use of Material May Waive Privilege

Even with a clawback agreement, protection of attorney-client privilege may be waived if information is used without objection.

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

In federal litigation, responding party is generally responsible for subpoena costs. However, financial hardship or state statutes or rules may shift costs.

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The Mandatory Initial Discovery Pilot Year One: An (Unscientific) Study

An Illinois federal court surveys attorneys on expedited discovery rules. Despite negative responses, the MIDP program might be meeting some of its goals.

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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. So, to make your life easier, we discuss three common load file snafus and how to remedy them.

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

A lawyer's duty to prevent evidence destruction does not end when they hit send on a legal hold email. Both in-house counsel and outside counsel are responsible for overseeing the implementation of and compliance with legal holds.

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New Hearsay Rule Addresses “Ancient” ESI and Electronic Evidence

Responding to proliferation of electronic evidence, changes to evidence rules will limit the "ancient documents" hearsay exception to pre-1998 documents.

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The Dashboard Difference

The use of dashboards for document reviews and other legal matters helps streamline work, gives insight into data, and can help stay on budget.

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New Rule Permits Self Authentication of Electronic Evidence

Changes to Federal Evidence Rule 902 effective December 1 allow "self authentication" of certain electronic evidence and electronically stored information.

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Is it OK to Redact Irrelevant Information in Document Discovery?

Generally, irrelevant information may not be redacted from documents produced in litigation unless it is protected from disclosure under another rule.

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