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
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
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