March 6, 2019

How Much Privilege Review is Required Under a Clawback Agreement?

Clawback agreements are a good way to limit the impact of disclosing privileged information, but even with them, some privilege review is necessary.
July 18, 2018

Even With Clawback Agreement, Use of Material May Waive Privilege

Even with a clawback agreement, protection of attorney-client privilege may be waived if information is used without objection.
January 15, 2018

New Hearsay Rule Addresses “Ancient” ESI and Electronic Evidence

Responding to proliferation of electronic evidence, changes to evidence rules will limit the "ancient documents" hearsay exception to pre-1998 documents.
November 28, 2017

Is it OK to Redact Irrelevant Information in Document Discovery?

Irrelevant information may not be redacted from documents produced in litigation unless it is protected from disclosure under another rule.
January 23, 2017

A Privilege to Serve? Attorney-Client Privilege, In-House Counsel & Whistleblowing

A conflict is brewing between state and federal courts involving in-house counsel, whistleblowers and the use of attorney-client privileged information.
April 25, 2016

The Government is Knocking. Prepared to Let ’em In?

    It is no secret that the Securities and Exchange Commission and Department of Justice stepped up investigation and prosecution of corporate wrongdoing. In fact the Yates […]
January 27, 2016

Why Are You Using Screenshots as Webpage Evidence? (Guest Post)

        A question we often get from attorneys is how to effectively capture social media and webpage evidence for use in litigation and […]
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 […]
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). […]
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