e-Discovery

News & Analysis as of

The Butterfly Effect: eDiscovery in Government Investigations and Why Small Tweaks May Have Great Impacts

In the context of civil litigation, the rules governing eDiscovery may not be crystal clear (especially in light of the recent amendments to the Federal Rules), but at least there is ample guidance available. Counsel can...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

[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

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

Frequently Asked Questions Regarding Trade Secret Disputes and Employment Risks

In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks. 1. Could you provide a brief snapshot of current trends in...more

Five Questions to Consider Before Seeking to Restrain a Former Employee from Engaging in Competitive Activity

Determining whether to enforce a restrictive covenant or confidentiality agreement against a former employee requires the careful consideration of legal, economic and practical considerations. Here are five questions an...more

Back to Basics: Low tech tips to alleviate high tech headaches

It’s easy to get lost in the abyss of technical jargon when discussing Electronically Stored Information (ESI). However, good information governance, which is one of the cornerstones of data privacy and security, doesn’t have...more

The E-Discovery Digest - June 2015

In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more

Document Preservation: Know When to Hold ‘Em (and When to Fold ‘Em)

The cut-throat, high stakes environment of a nail-biting poker tournament is oddly similar to the world of document preservation in litigation, investigations and regulatory events. Though the former tends to take place in a...more

E-Discovery- Bring Back the Boxes

It is not uncommon, in the litigation of a federal construction claim, for the Government to produce gigabytes of electronic data, amounting to thousands and thousands of documents, in response to a motion for the production...more

C Stands for Cake and Client

A recent New Jersey Law Journal article by John R. Kirk discusses what Apple can teach law firms about engaging with clients. According to Kirk, it’s all about asking customers the right questions. A similar question can be...more

Court Compels Production of Metadata (New Jersey)

Younes v. 7-Eleven, Inc., 2015 WL 126313 (D.N.J. Mar. 18, 2015). In this franchise dispute, the plaintiffs sought the metadata from two spreadsheets and 38 documents, arguing they needed the requested metadata because...more

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