e-Discovery

News & Analysis as of

Soaking up the Ediscovery Sun: Ing3nious NorCal 2016

This past week, I had the opportunity to attend the Ing3nious NorCal Retreat on Ediscovery and Information Governance in the beautiful Pacific coast town of Half Moon Bay, California. This event signified the fifth...more

Court: Stored Communications Act Warrant Cannot Be Used to Seize Data Held Overseas

In a case that may have significant impact for companies providing public Internet and cloud services, the Second Circuit has ruled that a federal court may not issue a criminal warrant ordering a U.S. company to produce...more

[Event] Continuing Legal Education and Chicago Cubs Rooftop Event - August 11th, Chicago, Illinois

Join Freeborn & Peters LLP for an afternoon of Continuing Legal Education classes followed by an evening of baseball hosted by the firm's Litigation Practice Group....more

[Webinar] Cloud Computing Series – eDiscovery - July 20th, 12:00 p.m. CT

As cloud providers grow and more information is being stored in “the cloud,” it is important to consider the risks and benefits when confronted with litigation. This webinar presentation will examine litigation and...more

[Event] PREX16 — The Nation’s Premier Conference for In-House E-Discovery Professionals - September 13-15th, Portland, OR

Now in it's fifth year, the Conference on Preservation Excellence stands out as the only annual conference dedicated to the strategy and practice of in-house electronic discovery. This year PREX is expanding beyond just...more

[Webinar] Ediscovery in China: Traditions, Rules and Customs You Need to Know - June 22nd, 11:00am CDT

The Chinese legal landscape is often seen as daunting and secretive; a laborious task for an American legal professional to master. Specifically, Chinese data protection and privacy laws in particular provide a challenge to...more

The Case for E-Discovery Education in Law School

The lament that law schools do not adequately prepare new lawyers for the actual practice of law is not a new one. The refrain, however, seems more pronounced as the day-to-day practice of law becomes increasingly...more

Data security is top driver for information governance

A recent Advice from Counsel study sponsored by FTI Technology, entitled “The State of Information Governance in Corporations” found data security to be the top driver for information governance initiatives. The purpose of...more

How Much Data Does Your Organization Hold?

Earlier this week Legaltech News announced the release of Xerox’s Viewpoint 6.0 eDiscovery platform with a data analytics focus. Why is this blog worthy (since we don’t typically offer unabashed plugs for our technology,...more

Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 2)

Every year, The Sedona Conference Institute keeps us ahead of the e-discovery curve with panels such as the famous Case Law Update and Judicial Roundtable. This year’s Institute will be devoted to the changes in the Federal...more

Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 1)

Every year, The Sedona Conference Institute keeps us ahead of the e-discovery curve with panels such as the famous Case Law Update and Judicial Roundtable. This year’s Institute will be devoted to the changes in the Federal...more

Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated

The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve...more

Demystifying the Cloud: 5 Things Corporate Legal Should Consider Before Buying E-Discovery SaaS

It’s a given in today’s era that e-discovery has moved to the cloud. However, not all cloud e-discovery solutions are created equal. In fact, cloud computing has become an amorphous term easily confused with true...more

[Webinar] 2015 Year in Review – Ediscovery Case Law & Trends - January 20, 12:00pm CST

Join industry experts from Kroll Ontrack for this webinar to make sure you start the New Year off to a fresh, and educated, start when it comes to ediscovery and technology in the law. ...more

Predictions (and hopes) for e-discovery in 2016

While 2015 will likely be remembered as the year the Federal Rules of Civil Procedure were substantively overhauled to resolve many persistent issues related to e-discovery, 2016 quietly marks ten years since the Federal...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 7

This is the seventh in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014. Mechel Bluestone v. James C. Justice Cos., C.A. No. 9218-VCL(Del. Ch. Dec. 12, 2014)....more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 5

Kan-Di-Ki, LLC (d/b/a Diagnostic Laboratories) v. Robert Suer, C.A. No. 7937–VCP, Oral Argument on Various Outstanding Motions, Pre-Trial Conference and Rulings of the Court on Motion for Summary Judgment, September 24, 2014....more

Congratulations! Now what?

Twitter is abuzz with messages about today’s effective date for the changes to the Federal Rules of Civil Procedure that read more like birth announcements (“It’s finally here!”). But figuring out what to do once you get that...more

Day 4: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Rule 34...

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

The Ethical Duty of Competence in 2015

Although the legal field is not a profession known for embracing change, several developments over the past year have made it clear that even lawyers have an ethical obligation to understand the basics of modern technology. ...more

Day 1: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Proportionality

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

Top 12 Do’s and Don’ts from North Carolina Superior Court Trial Judges

I recently attended an all day CLE which featured a Q&A/panel discussion of 5 excellent NC Superior Court trial judges discussing civil litigation in NC. Below are my top 12 take-aways...more

How to use the Rule 26(f) Conference to avoid data dumps

Back in the days of paper discovery—when productions came in bankers’ boxes and document reviews involved paper cuts—litigators would attempt to try to gain a tactical advantage by “burying” opponents under mountains of...more

Social Media Is the Kardashians of E-Discovery

Now that Taylor Swift has supplanted Kim Kardashian West as the queen of Instagram with 50.6 million followers, will people stop talking about her and the rest of the Kardashian clan? Of course not. As of October 2015, Kim...more

Important Changes in Litigating Oil and Gas Cases in Federal Court: What the 2015 Amendments to the Federal Rules Mean for Oil and...

Many oil and gas disputes are litigated in federal court. In recent years, federal litigation has undergone significant changes in discovery practices and rules. For example, with the increase in electronically stored...more

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