Electronic communication has come a long way in a few short decades. In 2006, Rule 34 of the Federal Rules of Civil Procedure was amended to confirm that discovery of electronically stored information stood on equal footing...more
January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...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
With the evolution of technology, electronic communications -- particularly text messages -- can often provide a treasure trove of evidence. While requests for email communications and collections from hard drives and...more
Even before the COVID-19 Pandemic in 2020, collaboration app (e.g. Slack) usage was on the rise for internal enterprise communications, with the market share increasing from around seven billion U.S. dollars in 2015 to nearly...more
For more than four decades, Federal Rule of Civil Procedure 34 has required litigants to “describe with reasonable particularity” the information sought in discovery requests. Although the “reasonable particularity” standard...more
The Honorable Shira Scheindlin once opined against allowing custodians of ESI to collect their data stating “[s]earching for an answer on Google (or Westlaw or Lexis) is very different from searching for all responsive...more
I’ve heard stories like this from attorneys and paralegals more than once: opposing counsel sends a large production of documents in a single PDF. I’ve even heard a version where the production was sent with all of the emails...more
In our digital world, one might think that the production format of electronically stored information, or ESI, in civil litigation is no longer controversial, but recent court decisions make it clear that is not the case. ...more
Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources” Are you preserving all of the electronically stored information (ESI) that’s relevant to your litigation matters? What about...more
The Federal Rules of Civil Procedure have several important provisions about production format. Rule 26 requires the parties to meet and confer about form of production in connection with the discovery plan. Rule 34 addresses...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
With some electronically stored information (ESI), what you see is what you get. A simple screenshot, PDF, or TIFF image may convey all the information that a litigant needs....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
In March 2018, The Sedona Conference published another useful guide for e-discovery professionals, Federal Rule of Civil Procedure 34(b)(2) Primer: Practice Pointers for Responding to Discovery Requests. This guide is the...more
The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
February is the month of love. Hearts, candy, and flowers. The hint of spring harkening. The enthusiasm of a new year upon us. But for one federal court judge, the New Year brought no love. ...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
Herding Warrior Cats - Federal Rules were last updated in 2016 and the changes were thought to be significant. Welcomed by some and scorned by others, those changes are still being evaluated and applied by judges across...more
The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more
The combination of emerging technologies, information security risks and electronic discovery obligations continues to give rise to questions regarding best practices for adoption of modern ephemeral communication tools in...more
The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
The Eastern District of Texas recently criticized a party's statement in its written discovery responses that it would produce documents "subject to" its objections. See Realpage, Inc. v. Enterprise Risk Control, LLC, No....more
The Sedona Conference’s recent updates to The Sedona Principles provide important guidance on how parties to litigation should handle e-discovery. In particular, the new edition of the Principles set forth best practices...more
On February 28, 2017, Southern District of New York Magistrate Judge Andrew J. Peck issued a warning shot, stylized as a “wake-up call,” to the SDNY Bar: comply with the now 15-month-old amendments to the Federal Rules of...more