December 5, 2016
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E-Discovery Cooperation- Some Suggested Areas of Agreement

    Cooperation. Some call it an e-discovery best practice. Others describe it as a minimum standard of care in e-discovery. Regardless of label, there is little question […]
November 21, 2016
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Do I Have to Agree to E-Discovery Search Terms?

Use of search terms to find documents is a pretty basic and commonly accepted e-discovery concept. Since at least the 1990s, legal research courses have been teaching […]
November 8, 2016
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15 Issues to Consider for E-Discovery and ESI Protocols

Under Federal Rule of Civil Procedure 26(f) and some state court rules like Colorado’s CAPP Rule 6.1, litigants are required to meet and confer early in a […]
October 31, 2016
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Do Email Messages Have to Be Produced With Attachments in Litigation?

Many will tell you that it is an e-discovery best practice to classify document families consistently and that “parent child relationships” (such as emails and attachments) […]
August 29, 2016

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

Both state and federal rules of civil procedure permit litigants to request documents and electronically stored information (ESI) from other litigants and third parties by serving […]
July 5, 2016
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“How Many Emails Do I Have to Read Today?!?!?”

It is no secret that email messages represent a good chunk of electronically stored information (ESI) collected, reviewed and produced during electronic discovery. Although there is […]
June 27, 2016

The Web Page Authentication Dance — A Two Step

To enter evidence in court, attorneys must establish its authenticity. That is, offer proof that the evidence is really what they say it is. Authenticating evidence […]
June 20, 2016
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Judge: “Come on, Just Use Deduplication.”

A federal court in Connecticut recently considered the age-old e-discovery question of how many custodians is too many?   In this particular case, more than nine […]
May 19, 2016
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Metadata. A Menace to Society?

    Metadata. Is there a more misunderstood e-discovery concept by attorneys and courts alike? Here’s the thing—metadata is not evil. In fact, it can make […]