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Category Archive for: ESI Production

Attorneys’ Duty to Implement Legal Hold Does Not End After Hitting Send

A lawyer's duty to prevent evidence destruction does not end when they hit send on a legal hold email. Both in-house counsel and outside counsel are responsible for overseeing the implementation of and compliance with legal holds.

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Is it OK to Redact Irrelevant Information in Document Discovery?

Generally, irrelevant information may not be redacted from documents produced in litigation unless it is protected from disclosure under another rule.

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Federal Mandatory Initial Discovery Pilot Program Cheatsheet (Infographic)

Coming to a court near you? An infographic overview of the Mandatory Initial Discovery Pilot (MIDP) being tested by federal judges in Illinois and Arizona.

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Civil Discovery in Federal Court– Hello Rocket Docket?

Federal courts in Arizona and Illinois are testing the Mandatory Initial Discovery Pilot requiring accelerated discovery in civil cases.

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A Discovery Dispute Makes the Big Time (SCOTUS!)

The United States Supreme Court weighs in on sanctions for discovery misconduct. But, does it mean anything for e-discovery enthusiasts?

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IL Case Law Update: Inspection of Litigant’s Hard Drive and Discovery Proportionality

An Illinois court offers guidance on when it is appropriate for a litigant to search an adversary's computer and weighs in on e-discovery proportionality.

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Do Email Messages Have to Be Produced With Attachments in Litigation?

There is no hard and fast rule. But, there are a few legal arguments to support producing email messages with attachments.

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Are Employees Required to Disclose Passwords or Encryption Keys During Government Investigations?

Employees could be compelled to provide passwords to corporate data sought by a government investigation, but the Fifth Amendment might apply.

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Document Request Objections and the Rule 34 “Specificity” Requirement

Under FRCP 34, objections to document requests require "specificity," must state whether documents are withheld or describe search used to gather documents.

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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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