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Category Archive for: E-Discovery

IL Case Law Update: Inspection of Litigant’s Hard Drive and Discovery Proportionality

An Illinois court offers guidance on when it is appropriate for a litigant to search an adversary's computer and weighs in on e-discovery proportionality.

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E-Discovery Cooperation- Some Suggested Areas of Agreement

This article explains why cooperation is an important e-discovery concept and also provides some real-world suggestions about areas of cooperation.

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Do I Have to Agree to E-Discovery Search Terms?

E-discovery is a cooperative party-driven process. Agreement on search terms and methods is important. But, that does not mean you get everything you want.

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15 Issues to Consider for E-Discovery and ESI Protocols

For those unfamiliar with e-discovery and ESI, negotiating an ESI protocol may seem daunting. However, nearly every protocol covers the same topics.

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Do Email Messages Have to Be Produced With Attachments in Litigation?

There is no hard and fast rule. But, there are a few legal arguments to support producing email messages with attachments.

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Are Employees Required to Disclose Passwords or Encryption Keys During Government Investigations?

Employees could be compelled to provide passwords to corporate data sought by a government investigation, but the Fifth Amendment might apply.

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How Artificial Intelligence Helps Lawyers

Artificial intelligence and machine learning is embedded in many of the apps we use everyday. It is also creeping into legal technology too.

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Are Litigation 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 litigation hold procedures.

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

"Possession, custody and control" of documents & ESI examined by Sedona Conference. Suggests actual possession or legal right to material is proper test.

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Determining Return on Investment for E-Discovery Projects

With the help of Kelly Twigger, Principal of ESI Attorneys, we offer a couple examples of how to track ROI on e-discovery projects.

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