September 14, 2015

E-Discovery & Legal Ethics – What to Do About It Part 3: Identification of ESI Custodians

This the third in a series of articles examining issues raised in recent legal ethics opinions, such as Opinion CAL 2015-193, issued by the State Bar of […]
September 7, 2015

E-Discovery & Legal Ethics – What to Do About It Part 2: ESI Preservation

This the second in a series of articles examining issues raised in recent legal ethics opinions, such as State Bar of California Opinion CAL 2015-193,  addressing an […]
July 20, 2015

Why Clients Shouldn’t “Self-Select” Documents for E-Discovery

  A recent opinion in a case against Ford Motor Company over unintentional vehicle acceleration demonstrates why it is often inadvisable to let data custodians collect their […]
May 19, 2015

The 5 Ws (and 1 H) of ESI Custodian Interviews

    One of the first tasks attorneys must tackle in electronic discovery is assessing the nature and extent of their client’s electronically stored information (ESI). […]
April 28, 2015

Do I Have to Produce Deleted or Corrupted ESI?

Under Federal Rule of Civil Procedure 26(b)(2)(b), and similar state rules such as Illinois Supreme Court Rule 201, absent good cause, litigants are not required to […]
November 25, 2014

Does the Best Evidence Rule Apply to Text Messages?

  As every good trial attorney knows, to offer evidence at trial, it must be established that the evidence is authentic. That is, establishing that the […]
October 17, 2014

What is a .pst File?

When e-mail messages are collected for review in litigation, they are often delivered to attorneys or their e-discovery vendors in .pst files.  These “personal storage tables” […]