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
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
After 2018, companies may never view online data collection in the same way again.
Just as the world was turning its attention to the importance of protecting individuals’ data privacy, Facebook stumbled into a series of...more
1/9/2019
/ APIs ,
Cambridge Analytica ,
Data Breach ,
Data Collection ,
Data Privacy ,
Electronically Stored Information ,
Exploitation ,
Facebook ,
Native Format Data ,
Personally Identifiable Information ,
Political Campaigns ,
Privacy Policy ,
Scandals ,
Social Media ,
Web Scraping
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
In the recent case of Forman v. Henkin, the New York Court of Appeals ruled that “private” Facebook posts were subject to the standard rules of discovery....more