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Category Archive for: E-Discovery

May a Prevailing Litigant Recover All E-Discovery Costs?

According to several court decisions, the only recoverable e-discovery costs are those to convert native ESI to image files and hard copy scanning charges.

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6 Ways to Keep Communications with E-Discovery and Litigation Vendors Confidential

Attorney work product protections generally shield communications with litigation vendors and consultants, but steps must be taken to preserve confidentiality.

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Supreme Court Cell Phone Decision Impacting Civil Discovery

Holding in Riley v. California that cell phone search requires warrant noted by Federal court in denial of plaintiff's request to inspect cell phones.

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Ten E-Discovery Issues to Address During Rule 26(f) and Other Discovery Conferences

Ten things for counsel to consider when preparing for a FRCP 26(f) or other e-discovery conference and potential topics of discussion for the session.

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Illinois Supreme Court Rule 201 Amended to Address E-Discovery Proportionality

Illinois Supreme Court Rule 201 is amended to discourage e-discovery requests that are disproportionate to the issues or amount at controversy in a case.

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Must ESI be Organized and Labeled to Correspond to Categories of Document Requests?

Two judges consider Federal Rule of Civil Procedure 34 and whether it requires parties to label ESI to correspond to document requests.

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When Must Litigant Provide Computer to Opponent for Examination?

Before compelling production of computer for forensic imaging, noncompliance with discovery must exist and protective protocol must be implemented.

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E-Discovery Costs May Be Shifted to Plaintiffs Only if Undue Burden Shown

Judge holds e-discovery costs may not be shifted to plaintiff because ESI was accessible and the importance of the discovery outweighed collection burden.

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Judges Question DOJ Two Step Approach to Email Searches

Two federal judges question the constitutionality of the process utilized by the Department of Justice to review e-mail communications in investigations.

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What is Managed Document Review?

This article discusses managed document review which occurs when an outside firm manages document review on behalf of litigants or subpoena recipients.

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