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
It’s a Friday afternoon and your weekend is about to start…and yes - you guessed it…a last minute production request comes in and your plans are no longer the same. Because of court orders and agreed-upon deadlines,...more
The Situation: In an era of sophisticated cyberattacks and data leaks, questions have been raised over whether the doctrine of legal professional privilege ("LPP") should be extended to provide clients with a legal right to...more
Social media is ubiquitous in our cyber-connected world. For many, the first thing a person does when they wake up, and the last thing that person does when they go to bed is read, post, or otherwise interact with platforms...more
Electronically stored information (“ESI”) is ubiquitous and most people and companies are utilizing paperless documents in some form (i.e., e-mails, text messages, IMs). The many forms of ESI coupled with the introduction of...more
One of the greatest fears in any litigation matter is that you will somehow accidentally produce work product or attorney-client privileged documents to the opposing side and waive the privilege. As a result, it has become...more
There is often a lot of discussion around the processing and review of documents in a litigation, most likely because these phases end up costing the most money and taking the most time. What is often overlooked, however, is...more
The press has widely reported on Paul Manafort’s attorneys’ failed attempt to redact sensitive information in a recent legal filing, allowing the press to uncover and publish the very information the attorneys intended to...more
In eDiscovery, look before you leap! You have filed a lawsuit and you are set for a “meet & greet” conference with opposing counsel(s) to review and agree on discovery. What should you expect from opposing counsel and their...more
Understandably, clients can rarely if ever claim privilege protection for preexisting documents they send to their lawyers. But clients also send their lawyers in-progress documents about which they want lawyers' advice, and...more
eDiscovery has become a well-established industry, having been used in litigation for nearly two decades now. And whether we want to admit it or not, nearly every case filed has a potential eDiscovery element. So, what do you...more
With the proliferation of workplace and personal electronically stored information (“ESI”) these days, it may be a scary proposition for any litigant to deal with the preservation, collection, review, and production of this...more
While many litigation departments are familiar with structured analytics such as e-mail threading and near duplicate analysis, a powerful supplement that need not be forgotten is conceptual analytics. ...more
As a lawyer, I attend many, many conferences. On my last conference road trip, I was grabbing dinner at the end of the evening and catching up on my basketball news at the hotel restaurant. ...more
..Any judge who begins an opinion about ediscovery with a quote from Donald Rumsfeld (of all people!), and then tosses in a reference to Marge from The Simpsons while quieting lawyers’ fears of technology by noting that...more
Lawyers familiar with abstract and even case-specific substantive privilege and work product-related principles must keep something else in mind. Many if not most courts have also adopted local rules that might affect the...more
When tasked with a document review project, there are various analytic tools available to streamline the process in order to improve efficiency and accuracy. We’ve already discussed certain of these tools (see April 26 post...more
PART ONE: This is part one of a series on my journey to appreciating TAR. Be on the lookout for part two in the coming weeks. Recently, I (Russ Beets) began work on a complex litigation case that had millions of documents...more
Traditional document review can be one of the most variable and expensive aspects of the discovery process. The good news is that there are innumerable analytic tools available to empower attorneys to work smarter, whereby...more
The attorney-client privilege is one of the cornerstones of the legal profession. Despite the privilege’s sacrosanct nature, there are exceptions to the well-established rule that the communications between an attorney and...more
Two of the most compelling discovery sanction cases of the past year are Klipsch Group., Inc. v. ePRO E-Commerce Ltd. and Ronnie Van Zant, Inc. v. Pyle, both decided in the Second Circuit. In the first, the court awarded...more
So, you’re deep in the weeds of your latest e-discovery project for an important client and things are going smoothly. Protective orders are in place, the scope of discovery requests agreed to, custodians properly identified,...more
Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more
Is San Francisco-based Craigslist subject to a third-party production order in criminal proceedings in British Columbia, despite having only a “virtual” presence in the province? The province’s Court of Appeal said yes in a...more
In IDC Financial Publishing, Inc. v. Bonddesk Group, LLC (15-cv-1085-pp, 2017 WL 4863202 (E.D. Wis. Oct. 26, 2017)), the Eastern District of Wisconsin granted IDC’s motion to compel the production of more than 600 documents...more
I like to repeat myself – attorneys are valuable for only two reasons: (1) attorney-client privilege; and (2) advice of counsel defense. I know I am not supposed to denigrate my profession but these are two important reasons,...more