In litigation, especially in dealing with E-Discovery, the importance of an effective electronically stored information agreement (“ESI Agreement”) between the parties is a must to help prevent discovery disputes. This is...more
There are few things more dreaded in discovery than the time-consuming, tedious, onerous, beastly privilege log – especially in complex litigation matters involving thousands of pages of documents. These logs, however, are a...more
Previously, I co-authored a two-part post on the advantages and disadvantages of using Technology Assisted Review (“TAR”) in E-Discovery document reviews. TAR helps attorneys during the review phase of E-Discovery by...more
We’re all familiar with the importance of avoiding the inadvertent disclosure of attorney-client communications, work product or sensitive, proprietary or confidential business information. However, our obligations don’t end...more
Social media (“SoMe”) is so enmeshed in our daily lives it is difficult to imagine the time when we didn’t have it. Through our phones, computers and tablets, social media provides instant communication and connection, with...more
One of the greatest fears in any litigation matter is that you will somehow accidentally produce work product or attorney-client privileged documents to the opposing side and waive the privilege. As a result, it has become...more
With the proliferation of workplace and personal electronically stored information (“ESI”) these days, it may be a scary proposition for any litigant to deal with the preservation, collection, review, and production of this...more
PART TWO: This is part two of a series on my journey to appreciating TAR. Part one addressed defined TAR, described how it worked and provided tips on when you should consider using TAR. Part two addresses the TAR process,...more
PART ONE: This is part one of a series on my journey to appreciating TAR. Be on the lookout for part two in the coming weeks.
Recently, I (Russ Beets) began work on a complex litigation case that had millions of documents...more
Some of us may remember a time when companies were not as concerned about where their information was maintained, as most of it was kept in some form or fashion in file cabinets or individual desks, or perhaps stored offsite...more