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
9/18/2019
/ Data Preservation ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Failure To Preserve ,
FRCP 34 ,
FRCP 37(b) ,
FRCP 37(e) ,
Intentional Spoliation ,
Sanctions ,
Scope of Discovery Requests ,
Social Media ,
Spoliation ,
Text Messages
It’s surprising—or perhaps not, depending on your outlook—how often people settle for less because it’s easier.
We watch a TV show we don’t especially care about instead of reading a book because we’re tired and it’s easier...more
Every litigator yearns for that Perry Mason moment, when we calmly introduce the critical evidence that abruptly changes the course of our trial. Our dog-loser case transforms, as if by magic, into a rock-solid winner winner...more
3/19/2019
/ Archived Data ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Legal Technology ,
Native Format Data ,
Online Platforms ,
Social Media ,
Websites
Do you have FOMO? And do you have FOMO about the right things?
Fear of missing out (FOMO) is a pervasive problem in our always-connected world. The Oxford English Dictionary defines FOMO as the “anxiety that an exciting or...more
3/13/2019
/ Artificial Intelligence ,
Data Collection ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Legal Technology ,
Online Platforms ,
Social Media ,
Websites
Remember the original internet, with its clunky graphics and minimal information? You might not remember doing much online back in the 1990s, because frankly there wasn’t yet a lot of worthwhile content to engage with....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
2/6/2019
/ Discovery ,
Discovery Disputes ,
Document Productions ,
Electronically Stored Information ,
FRCP 26(f) ,
FRCP 34 ,
FRCP 34(b) ,
Meet and Confer ,
Metadata ,
Motion to Compel ,
Native Format Data ,
Presumptively Relevant ,
Request for Production
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
1/24/2019
/ Discovery ,
Discovery Disputes ,
Document Productions ,
Electronically Stored Information ,
FRCP 26(b)(1) ,
FRCP 26(f) ,
FRCP 34 ,
FRCP 34(b) ,
Motion to Compel ,
Native Format Data ,
Request for Production ,
Scope of Discovery Requests
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
1/8/2019
/ Best Practices ,
Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
FRCP 26(f) ,
FRCP 34 ,
FRCP 34(b) ,
Meet and Confer ,
Metadata ,
Native Format Data ,
Scope of Discovery Requests