All Things Investigations: Episode 37 – Privileges in Document Production with Mike Huneke
Sitting with the C-Suite: eDiscovery Observations – Historical Lookback to 1990s and 2000s
So you are ready to divorce...what is the process?
Sitting with the C-Suite: In-House Counsel - Leveraging Text Classification to Problem Solve
Video | Tips for Managing the Preservation of Mobile Device Data
PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc. (collectively “Samsung”) to compel non-party Microchip Technology...more
In this week’s Case of the Week, I dive into a critical decision from FTC v. Amazon.com, Inc. (August 1, 2024), which underscores the precarious nature of privilege in document production—particularly in the context of...more
How automated creation and management help transform regularly used documents and forms into intelligent templates and streamlined workflows. Have you ever found yourself buried under a mountain of documents, wishing...more
The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. Cal. 2024), applies the “legal control” standard to Fed.R.Civ.P. 34 discovery...more
Modern attachments, in Google Workspaces and Microsoft Office, have long posed significant challenges in eDiscovery. They are not actual files attached to an email or message but are links pointing to files stored elsewhere....more
Legal professionals in cybersecurity, information governance, and eDiscovery face escalating data volumes, data security challenges, high eDiscovery costs, and information management inefficiencies. With AI-enabled workflows,...more
Hamilton v. Citizens Property Insurance Corporation, Fla. 3rd DCA, 3D23-1934, May 1, 2024 - The petitioner in this matter (the plaintiff below) sought certiorari review of a discovery order granting a motion for protective...more
In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In...more
The digital revolution of the late 20th century brought a tidal wave of electronically stored information (ESI). Emails, digital documents, and other forms of electronic data began to dominate business and personal...more
Construction disputes raise particularly challenging eDiscovery issues due to the diverse data types often involved, including CAD/design files, construction-specific project management databases, mobile phone data, and large...more
Felder v. MGM National Harbor, LLC, 2024 WL 3690779(D. Md. Aug. 7, 2024)(Simms, J.), addresses several important issues. First, in Felder, the Court ordered the parties to conduct a “meet and confer” session. That,...more
Vault Reciprocal Exchange v. Luria, et al., 2024 WL 948632 (Fla. 3rd DCA 2024) - During discovery, Vault Reciprocal Exchange responded to Luria’s request for production and preemptively filed a privilege log, which objected...more
[Editor’s Note: This article was first published August 21, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more
Normally a third party does not have standing to challenge a document subpoena. But what if the subpoena seeks discovery of the third party’s privileged or work product-protected documents in the subpoena target’s possession?...more
International discovery is not as simple as merely issuing process to either obtain documents or testimony. Such discovery must be crucial to the pending action. Normally, the discovery is issued through a letter of request,...more
The so-called “modern attachments” found in emails, collaboration software platforms like Slack and MS Teams, and other digital formats are presenting interesting and frustrating challenges for legal professionals in terms of...more
Last week’s Privilege Point described an S.D.N.Y. opinion rejecting privilege and work product claims for a document that on its face did not contain legal advice or any allusion to or analysis of anticipated litigation....more
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more
Join us for the summer edition of Mitratech’s Corporate Legal Corner, a virtual event series and tech expo where legal professionals are invited to attend an expert-led panel discussion followed by solution-focused breakout...more
A safe, productive workplace is one in which issues are dealt with in a swift, fair, and consistent manner. One of the primary tools for accomplishing this goal is a credible, thoughtful process to identify, analyze, and...more
[Editor’s Note: This article was first published July 24, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court enforced an ESI Protocol that called for a “metadata-only” privilege log, even though parts of the metadata were...more
5 On July 16, 2024, the Federal Circuit affirmed both the sua sponte order issued by the District of Delaware requiring Lori LaPray, the purported owner of all of the plaintiff LLCs created by the patent monetization firm, IP...more
Martz v. Polaris Sales Inc., Case. No. 4:22-CV-01390, 2024 WL 199550 (M.D. Pa. Jan. 18, 2024) - In this product liability case, the plaintiff’s wife lost control of the ATV she was operating and died in a fatal accident. A...more
The purpose of a privilege log is to provide sufficient information for the recipient of the log to determine whether the withheld information is, at least on its face, privileged. In short: “Trust, but verify.” See,...more