August 31, 2021
There is no hard and fast rule. But, there are a few legal arguments to support producing email messages with attachments.
July 6, 2021
For those unfamiliar with e-discovery and ESI, negotiating an ESI protocol may seem daunting. Here are some items to consider including.
May 5, 2021
Attorney work product doctrine generally shields communications between attorneys and legal consultants, but steps must be taken to preserve confidentiality.
September 23, 2020
Companies responding to federal subpoenas are responsible for costs unless the costs are "significant" and generally cannot charge for data requests under privacy laws.
May 9, 2019
Under the FRCP, ESI and other discovery may not be considered "lost" if it can be restored or replaced through additional discovery.
March 6, 2019
Clawback agreements are a good way to limit the impact of disclosing privileged information, but even with them, some privilege review is necessary.
November 28, 2017
Irrelevant information may not be redacted from documents produced in litigation unless it is protected from disclosure under another rule.
December 5, 2016
We explain why cooperation is an important e-discovery concept and also provide some real-world suggestions about areas of cooperation.
November 21, 2016
E-discovery is a cooperative party-driven process. Agreement on search terms and methods is important, but that does not mean you get everything you want.