October 14, 2014

Subpoenaed Database Info Must Be Searchable/Sortable (On Request)

A California appellate court decision instructs that under California Code of Civil Procedure section 1985.8, if asked to do so, subpoena recipients must translate database information into […]
October 10, 2014

What is Unallocated and Slack Space on a Computer Hard Drive?

Generally, under both federal and state rules of civil procedure, parties are obligated only to produce electronically stored information (ESI) that is reasonably accessible.  For instance […]
October 3, 2014
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7 Uses for E-Discovery Software Other Than Reviewing Documents

The obvious and main use of e-discovery software is to identify electronic documents and other ESI (electronically stored information) relevant to a legal matter.  However, even […]
September 29, 2014
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What is a Load File?

Attorneys dealing with electronic discovery (e-discovery) often produce electronic documents with “load files.”  But, what is a load file?  In short, it is a file that […]
September 23, 2014
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E-Discovery Production Format: Opportunity Only Knocks Once

    Although often overlooked, the Federal Rules of Civil Procedure and many state e-discovery rules specifically state that litigants are only obligated to produce electronically […]
September 10, 2014

May a Prevailing Litigant Recover All E-Discovery Costs?

May a prevailing litigant recover all its e-discovery costs from an opponent?  No, according to several federal circuit court decisions and an opinion from the United States […]
August 22, 2014
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6 Ways to Keep Communications with E-Discovery and Litigation Vendors Confidential

Communications between lawyers and outside consultants, such as e-discovery vendors, are largely protected by the attorney work product doctrine, but may also be protected by the […]
July 1, 2014
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Ten E-Discovery Issues to Address During Rule 26(f) and Other Discovery Conferences

Federal Rule of Civil Procedure 26(f) and similar state rules such as Colorado’s Rule of Civil Procedure 16(b)(3) and California Rule of Court 3.724 (8) direct attorneys to meet […]
June 19, 2014

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

Amendments to Illinois Supreme Court Rule 201, effective July 1, 2014, are intended to discourage requests for electronically stored information (ESI) that are disproportionate to the […]