Privilege logging is one of the most time-consuming, expensive, and contentious components of discovery. Federal Rule of Civil Procedure 26(b)(5)(A), which governs the withholding of privileged material, provides little...more
For years, email has been the dominant form of business communication. The average office worker sends approximately 9,000 to 15,000 emails per year. Multiply 15,000 emails across multiple personnel and multiple years, and...more
Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are...more
Recent headlines have been dominated by rapid developments in generative artificial intelligence, and a number of startups are positioning themselves to offer new tools to the legal industry making use of this groundbreaking...more
It’s an ever-present threat in our digital world: You get sued, and the case involves your software, website, and/or customer data. The first step in any filed or threatened litigation is to implement a litigation hold to...more
Companies rely and track granular and constantly updated data sets every day. But what do you do when you need to preserve, review, and produce that “dynamic data” in discovery?...more
In the last few years, remote work has proliferated, and with it the discovery process has become more complicated. With work-from-home as an option (if not the norm) in many industries, company data is commonly being...more
What is meta-discovery?
Discovery on discovery, or meta-discovery, is discovery directed at the manner and methods that opposing counsel used to locate, preserve, search, review, and produce relevant information....more
The familiar rigors of complying with requests for eDiscovery—searching for, reviewing, processing, and producing electronically stored information (“ESI”)—can be challenging enough. As of January 1, 2020, however, California...more