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WARNING: Follow Your ESI Protocol Because the Court Will – Part TWO

In Part Two of this blog series, I discuss a recent case regarding noncompliance with preservation provisions in an ESI protocol and provide best practices for negotiating and drafting an ESI protocol. In Part One of this...more

WARNING: Follow Your ESI Protocol Because the Court Will – PART ONE

A lawsuit has been filed. Both parties have met and negotiated an ESI Protocol that has been formalized as a court order. Your review team has started the initial review and notices there are numerous duplicates. When this is...more

What You Don’t Know Will Hurt You: Technology Competence in the Time of COVID-19

Last fall, I had the pleasure of speaking on a panel at Relativity Fest entitled “Why Lawyers SHOULD Be Luddites.” It was a lively discussion about whether lawyers should be luddites, whether robots would be taking attorney...more

PRIVACY PLEASE, DO NOT DISTURB: Proportionality and Privacy

About a year ago, I wrote the blog “Proportionality: Tipping the Scale” spotlighting proportionality with respect to data preservation and the related amendments to the Federal Rules of Civil Procedure....more

Managing a Foreign Language Document Review (Without Being Able to Speak Japanese!)

Here is a replay of a conversation I had at the start of my first foreign language document review: - Me: I think I see some inconsistencies in the coding and I have run a search on a phrase to find these documents. I do not...more

PROPORTIONALITY: Tipping the Scale

Federal Rule of Civil Procedure 1 mandates a “just, speedy, and inexpensive resolution of civil disputes.” In a perfect litigation world, parties would operate in good faith, draft reasonable discovery requests, answer...more

Text Messages: Preservation Lessons for Mobile E-Discovery

There was a time when the only data you needed to collect in response to a discovery request was corporate email. Even if you received or sent work emails from your phone, this data would be located on a corporate server and...more

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