Have you ever given much thought to what constitutes a “family” of documents when producing electronically stored information (“ESI”)? Even if you are an E-discovery attorney, you very well may not have. After all, it is...more
The preservation of, or failure to preserve, ESI in a litigation context provides ample opportunities for counsel to stumble and is a fertile area of case law. In this blog we will look at Hollis v. CEVA Logistics U.S., Inc.,...more
Waiver of privilege and particularly inadvertent waiver of privilege is always a concern in e-discovery when producing documents to an outside party. Not only may your current litigation be affected but waiver may also affect...more
One of the potential advantages of arbitration is that it could be less time consuming and less expensive than traditional litigation. And one of the primary drivers of those time and cost savings is the scope of discovery,...more
This is Part Two of a series on the perils of redacting non-responsive but sensitive material during pre-trial discovery. In Part One, we focused on cases against non-responsive redactions. In Part Two, we shift to cases...more
We have previously written about the perils of redacting non-responsive but sensitive material during pre-trial discovery in the context of a Wisconsin court’s ruling prohibiting such redactions. IDC Fin. Publ’g, Inc. v....more
So, you’re deep in the weeds of your latest e-discovery project for an important client and things are going smoothly. Protective orders are in place, the scope of discovery requests agreed to, custodians properly identified,...more