September 23, 2020

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

Companies responding to federal subpoenas are responsible for costs unless the costs are "significant" and generally cannot charge for data requests under privacy laws.
June 28, 2020
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Attorneys’ Duty to Implement Legal Hold Does Not End After Hitting Send

Evidence preservation does not end with a legal hold email. Both in-house and outside counsel are responsible for legal hold compliance.
June 27, 2020
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Are Legal Hold Notices Protected by Attorney-Client Privilege?

Litigation hold notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor legal hold procedures.
May 9, 2019
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Is That Discovery or ESI You Want Really Lost?

Under the FRCP, ESI and other discovery may not be considered "lost" if it can be restored or replaced through additional discovery.
March 6, 2019
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How Much Privilege Review is Required Under a Clawback Agreement?

Clawback agreements are a good way to limit the impact of disclosing privileged information, but even with them, some privilege review is necessary.
February 19, 2019
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Statistical Sampling in Legal Document and Data Reviews

Random and statistical sampling is used in e-discovery and other types of legal projects to improve accuracy, save time, effort, and money.
August 29, 2018
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Your Opponent Didn’t Produce Gmail. Just Subpoena Google, Right? Nope.

The Stored Communication Act (SCA) prohibits email service providers from producing the content of email messages in response to subpoenas.
August 7, 2018
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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.
July 18, 2018

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.