It has been well over a year since the 2015 amendments to the Federal Rules of Civil Procedure went into effect, and members of the judiciary are increasingly less tolerant of attorneys’ failure to conform to the new...more
Several years ago, we were told that technology-assisted review (TAR) was the wave of the future and, by now, manual attorney review would likely be a thing of the past. Although TAR has gained some traction, it is not yet...more
Mark Twain warned, “Do not tell fish stories where the people know you; but particularly, don’t tell them where they know the fish.” Litigants should heed this advice, as courts are proving to be less tolerant of discovery...more
John Mellencamp sang, “I fight authority, authority always wins,” but inherent authority may not carry the day anymore when it comes to e-discovery sanctions under the new rules. Federal Rule of Civil Procedure Rule 37(e) now...more
You may have learned everything you need to know in kindergarten, but perhaps sharing is overrated when it comes to a search-term hit report. A search-term hit report is generated when search terms are applied to a larger set...more
Proportionality is not limited to Einstein’s equations and banter on The Big Bang Theory. The December 2015 amendments to the Federal Rules of Civil Procedure moved proportionality from Rule 26(b)(2)(C)(iii), which required a...more
For years, companies have battled different sanction standards for the failure to preserve documents. This led to over-preservation, where, to avoid accusations of “negligent” failure, companies preserved every shred of...more
3/2/2016
/ Adverse Inference Instructions ,
Corporate Counsel ,
Discovery ,
Duty to Preserve ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Spoliation ,
Young Lawyers
As noted in our December e-discovery update, the much-discussed amendments to the Federal Rules of Civil Procedure became effective December 1, 2015. One of the most notable amendments was the limitation on the scope of...more
All companies dislike incurring expenses in connection with document production, but it is particularly distasteful to do so in connection with matters in which the company has no stake. Luckily, in those instances, companies...more
Email threading is becoming more and more prevalent in the world of e-discovery. It can be a valuable tool for cost-saving and efficiency in document review and production. Many parties are not familiar with or do not...more
Often in litigation, parties faced with overbroad discovery requests and large amounts of data are tempted to produce everything that hits on search terms to the other side without looking at it, or after performing minimal...more
In the past few years, a number of courts have issued standing orders or have issued guidelines or forms to govern the production of electronically stored information (ESI). These orders and forms can be found on the courts’...more
When lawyers are asked by a document review vendor whether they want to dedupe “globally” or “by custodian,” they may not appreciate the difference between the two methods and the impact to the case, in terms of both...more
In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more
5/4/2015
/ Attorney-Client Privilege ,
Bring Your Own Device (BYOD) ,
Corporate Counsel ,
Discovery ,
Employment Policies ,
Fourth Amendment ,
Mobile Devices ,
Personal Data ,
Popular ,
Public Employees ,
Right to Privacy ,
SCOTUS ,
Stored Communications Act ,
Young Lawyers