In today's digital landscape, data is exploding at an unprecedented rate – both in volume and in types of data, transforming how we manage and protect information, and how we discuss it when preparing for its use in legal...more
Welcome to the Emerging Technologies and eDiscovery Disputes: Mock Meet and Confer Conference! Join us online for an interactive session where we simulate a meet and confer conference focusing on emerging technologies and...more
Electronic data has permeated every aspect of our lives, which means that ediscovery has become an essential component of almost every litigation matter. It used to be seen as a process reserved only for the big law firms –...more
Hey there, fellow legal tech enthusiasts! It’s Cat Casey, back with another installment to help you navigate the legal tech maze. Today, we’re diving deep into the world of ESI Protocols. If you’re thinking, “ESI-what-now?”,...more
Key Points: The Superior Court of Delaware’s “meet and confer” requirement is mandated by the notice provision articulated in Del. R. Civ. P. Super. Ct. 37(a). The Rule has long been interpreted by counsel to require only an...more
Break the summertime blues with some red-hot eDiscovery case law disputes! Our June 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a case where discovery is “like watching...more
We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more
If you were to ask most attorneys to describe the process of discovery, they may tell you it is a necessary facet of any case that tends to bring on quite the headache (actually, they might just tell you it’s a total pain)...more
Our essential ediscovery glossary lays out all the ediscovery terminology every attorney should know. Attorneys are used to speaking in the complex language of the law, but technical ediscovery terminology can trip up...more
TRIAL PREPARATION SERIES / PART TWO OF THREE - Taking depositions is arguably the most useful discovery exercise to gather information and build a strong case. It is the only opportunity, prior to trial itself, where an...more
Preparing for the Meet and Confer - Proper preparation and documentation during the Rule 26(f) meet and confer process will greatly improve efficiency in the ediscovery phase of your litigation....more
Recently, a federal Special Master in the District of New Jersey addressed whether a requesting party waives its right to relevant and discoverable documents when it fails to timely follow up on the responding party’s...more
Have you ever tried to solve a complicated problem and thought, “If only there were a rulebook to help me figure this out?” Fortunately, eDiscovery has one with the Federal Rules of Civil Procedure (FRCP). Just as its name...more
If you know your Federal Rules of Civil Procedure (FRCP), you know that Rule 26(f) dictates a “conference of the parties” (also known as the “meet and confer”) “as soon as practicable—and in any event at least 21 days before...more
Rule 30(b)(6) of the Federal Rules of Civil Procedure, which concerns the use of a deposition notice or subpoena directed to an organization, was amended in December 2020 to require that parties meet-and-confer prior to...more
This past year has brought lots of change, including an amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure. Rule 30(b)(6) governs the deposition of an organization (e.g., a corporation or a partnership) and...more
Deciding whether mobile devices should be imaged can be difficult when it comes to eDiscovery. They contain a large variety of file-types and data intermingled with a lot of private information, which may be privileged....more
Multidistrict litigation (MDL) proceedings comprise a large and growing portion of the federal civil docket. According to Lawyers for Civil Justice, an association of defense counsel, MDLs encompassed 52% of all federal civil...more
Over the last year, requests and productions of native-format documents have featured regularly in ediscovery cases resolved by the courts. These cases have demonstrated how differently litigants—and judges—view the...more
In the hustle and bustle of ediscovery planning, we often focus more on the content of discoverable information than we do on its form. For example, in a hostile-workplace claim, you may know that you want all of the...more
Effective August 14, 2018, the United States District Court for the Middle District of Tennessee made a number of revisions to its Local Rules. Many of the changes were tailored to combat practical issues experienced by...more
Terramar Retail Centers LLC v. Marion #2-Seaport Trust, C.A. No 12875-VCL (Del. Ch. Dec. 4, 2018) - The Court of Chancery has long demanded that litigants abide by the discovery rules and respect scheduling orders. This is...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
Meet early. Meet often. Hardly any eDiscovery seminar concludes without one of the speakers – be it a judge, in-house counsel, or law firm attorney – addressing the importance of early and comprehensive discussions between...more
It is well established that courts will support parties electing to use technology assisted review (TAR) to identify responsive documents in discovery. However, TAR methodologies and quality control (QC) measures are still...more