August 26, 2021
Compelling a forensic examination of a computer hard drive generally requires a showing of discovery misconduct by the device owner.
July 31, 2021
5 provisions to include in "clawback" agreements to protect attorney-client privilege and "claw back" privileged information produced in discovery.
May 5, 2021
Attorney work product doctrine generally shields communications between attorneys and legal consultants, but steps must be taken to preserve confidentiality.
December 16, 2020
Parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
December 2, 2020
Random and statistical sampling is used in ediscovery and other types of legal data reviews to improve accuracy, save time, effort, and money.
June 27, 2020
Litigation hold notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor legal hold procedures.
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.
August 29, 2018
The Stored Communication Act (SCA) prohibits email service providers from producing the content of email messages in response to subpoenas.
November 28, 2017
Irrelevant information may not be redacted from documents produced in litigation unless it is protected from disclosure under another rule.