Maybe some of you will look at the title of this article, smirk, and dismissively mutter that there is nothing new about text messages. eDiscovery practitioners also may think there is nothing revolutionary about considering...more
11/22/2019
/ Cell Phones ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Employee Privacy Rights ,
Federal Rules of Civil Procedure ,
Invasion of Privacy ,
Metadata ,
Motion to Compel ,
Native Format Data ,
Personal Data ,
Privacy Concerns ,
Proportionality ,
Right to Privacy ,
Text Messages
..Any judge who begins an opinion about ediscovery with a quote from Donald Rumsfeld (of all people!), and then tosses in a reference to Marge from The Simpsons while quieting lawyers’ fears of technology by noting that...more
...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more
5/15/2018
/ Amended Rules ,
Destruction of Evidence ,
Discovery ,
Discovery Disputes ,
Duty to Preserve ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Gross Negligence ,
Information Technology ,
Proportionality ,
Rule 11 ,
Sanctions ,
Special Master ,
Spoliation