May 4, 2016

So What’s a “Proportional” Document Request Nowadays?

      As detailed in prior posts (here and here), last year’s amendments to the Federal Rules of Civil Procedure emphasize discovery proportionality. Under revisions […]
March 30, 2016

Are Hard Copies and ESI Subject to Different Litigation Production Standards?

  As is often the case in modern litigation, a discovery dispute ensued In Kissing Camels Surgery Center, LLC v. Centura Health Corp., et al. 12-cv-03012-WJM-NYW. (D. […]
January 27, 2016
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Why Are You Using Screenshots as Webpage Evidence? (Guest Post)

        A question we often get from attorneys is how to effectively capture social media and webpage evidence for use in litigation and […]
January 19, 2016
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Can Your Client Claim the Fifth to Avoid a Document Subpoena?

As detailed by a recent report from the New York University Pollack Center for Law and Business, the Securities and Exchange Commission is stepping up enforcement […]
January 11, 2016
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E-Discovery Proportionality? Chief Justice Roberts digs it too.

  As we have written about here and here, proportionality is an important e-discovery concept and is front and center in recent amendments to the Federal […]
December 14, 2015

E-Discovery Proportionality for the Busy Lawyer [Infographic]

  In a rush, but dying to learn more about e-discovery proportionality?   Well, then do we have something for you! Below is an infographic outlining […]
December 10, 2015
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Are Custom Database Queries Required for Discovery in Litigation?

  Under Federal Rule of Civil Procedure 34, litigants responding to document requests in discovery are not generally required to create new documents. However, as explained […]
December 7, 2015

E-Discovery & Legal Ethics – What to Do About It Part 7: Producing ESI

  This is the last entry in a series of articles examining e-discovery concepts addressed in legal ethics opinions, such as State Bar of California Opinion CAL […]
November 30, 2015

The Big Day is Here: FRCP E-Discovery Amendments Go Live

    Well, the day is finally here. Amendments to the Federal Rules of Civil Procedure addressing e-discovery (among other things) are effective December 1, 2015. […]