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Category Archive for: E-Discovery

What is an ESI or Data Custodian?

In non-legalese, a custodian is a witness or potential witness with control of relevant evidence.

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Do I Have to Produce Deleted or Corrupted ESI?

Absent good cause, litigants generally need not produce ESI that is “not reasonably accessible." But, if produced, requesting party may have to pay for it.

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Do Attorney Liens Attach to ESI Hosted by E-Discovery Vendors?

Court holds that attorney lien asserted to recover unpaid legal fees attached to client's electronically stored information hosted by e-discovery vendor.

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What is a CSV file?

"Comma Separated Value" files save data in a structured format. They are often used with spreadsheet programs, but are also used in e-discovery processing.

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The Revised California E-Discovery Ethics Opinion – What Changed?

Proposed ethics opinion is revised but guidance unchanged: lawyers must familiarize themselves with e-discovery or engage others with e-discovery expertise.

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Heeding Voltaire, Judge Approves Bulk “Attorneys Eyes Only” Designations

In an attempt to lessen e-discovery costs, judge approves protective order permitting bulk designation of "Attorneys Eyes Only" discovery material.

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How Garry Kasparov Can Make You a Better Lawyer

How Kasparov's loss to Deep Blue established that combining human skill and technology surpasses humans or tech alone. This is true in both chess and law.

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Email Threading? What is it?

E-discovery software often provides email threading capability which groups related messages together for ease of review.

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Courts: Production of ESI May Involve “Reasonable Technical Support”

Production of electronic evidence requiring special software, like videos or medical records, may obligate producing party to provide technical assistance.

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6 Things to Include in E-Discovery “Quick Peek” Agreements

5 considerations for "quick peek" agreements which permit limited document review before production based on agreement to return privileged materials.

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