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Category Archive for: E-Discovery

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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“How Many Emails Do I Have to Read Today?!?!?”

Email is a sizable chunk of e-discovery produced in litigation. But how many email messages does a person send and receive in a day?

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The Web Page Authentication Dance — A Two Step

Authenticating evidence from the web or social media is often a two-part question: 1) Did it actually appear on the web?; and 2) Who really posted it?

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Judge: “Come on, Just Use Deduplication.”

Judge: producing potentially duplicate documents from additional witnesses not a burden because deduplication features of ediscovery software may be used.

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Metadata. A Menace to Society?

The concept of metadata is often misunderstood by both attorneys and courts. Used properly, metadata increases efficiency and provides insight about cases.

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

Courts are seizing on e-discovery proportionality principles and discovery requests that might have been allowed in the past may no longer pass muster.

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Tracking Legal Cost & E-Discovery Metrics – Custodians [Infographic]

The third in a series on legal and e-discovery cost metrics. In this installment e-discovery custodian metrics are examined.

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How to Use an ESI Questionnaire to Streamline the Discovery Process

Using ESI questionnaires is a helpful way to get a grip on e-discovery aspects of a case and learn what information and documents witnesses possess.

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