May 9, 2019
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Is That Discovery or ESI You Want Really Lost?

Before you get all fired up and shoot off an email to opposing counsel with the obligatory threat of sanctions because his/her client did not preserve […]
March 6, 2019
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How Much Privilege Review is Required Under a Clawback Agreement?

  An interesting dispute unfolding between business competitors highlights the practical and legal implications of clawback agreements. In Arconic, Inc. v. Novelis, Inc., et al, Civil […]
July 2, 2018

You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Your company just received a document subpoena in a case in which it is not a party. Who covers the expense in responding to it? If […]
November 28, 2017
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Is it OK to Redact Irrelevant Information in Document Discovery?

  Is there a legal basis to redact irrelevant information from documents produced in litigation? As a few court opinions explain, probably not unless there is […]
December 5, 2016
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E-Discovery Cooperation- Some Suggested Areas of Agreement

    Cooperation. Some call it an e-discovery best practice. Others describe it as a minimum standard of care in e-discovery. Regardless of label, there is little question […]
November 21, 2016
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Do I Have to Agree to E-Discovery Search Terms?

Use of search terms to find documents is a pretty basic and commonly accepted e-discovery concept. Since at least the 1990s, legal research courses have been teaching […]
November 8, 2016
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15 Issues to Consider for E-Discovery and ESI Protocols

Under Federal Rule of Civil Procedure 26(f) and some state court rules like Colorado’s CAPP Rule 6.1, litigants are required to meet and confer early in a […]
October 31, 2016
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Do Email Messages Have to Be Produced With Attachments in Litigation?

Many will tell you that it is an e-discovery best practice to classify document families consistently and that “parent child relationships” (such as emails and attachments) […]
September 26, 2016

Document Request Objections and the Rule 34 “Specificity” Requirement

Fun fact: When responding to document requests during the discovery phase of litigation, rather than stating documents were withheld (as now required by Federal Rule of […]