April 22, 2023

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

Companies responding to federal subpoenas are responsible for costs unless the costs are "significant" and generally cannot charge for data requests under privacy laws.
August 31, 2021

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.
July 6, 2021

15 Issues to Consider for E-Discovery and ESI Protocols (2021 Update)

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

6 Ways to Keep Communications with Legal Vendors & Consultants Confidential

Attorney work product doctrine generally shields communications between attorneys and legal consultants, but steps must be taken to preserve confidentiality.
May 9, 2019

Is That Discovery or ESI You Want Really Lost?

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

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.
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.
December 5, 2016

E-Discovery Cooperation- Some Suggested Areas of Agreement

We explain why cooperation is an important e-discovery concept and also provide some real-world suggestions about areas of cooperation.
November 21, 2016

Do I Have to Agree to E-Discovery Search Terms?

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.