August 26, 2021

When Must Litigant Provide Computer to Opponent for Examination?

Compelling a forensic examination of a computer hard drive generally requires a showing of discovery misconduct by the device owner.
July 31, 2021

5 Things to Include in an ESI and E-Discovery Clawback Agreement

5 provisions to include in "clawback" agreements to protect attorney-client privilege and "claw back" privileged information produced in discovery.
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.
December 16, 2020

Does a Parent Company Have Duty to Ensure Subsidiary Preserves Documents and ESI?

Parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
December 2, 2020

Statistical Sampling in Legal Document and Data Reviews

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

Are Legal Hold Notices Protected by Attorney-Client Privilege?

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

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.
August 29, 2018

Your Opponent Didn’t Produce Gmail. Just Subpoena Google, Right? Nope.

The Stored Communication Act (SCA) prohibits email service providers from producing the content of email messages in response to subpoenas.
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.