Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Brooklyn District Attorney Eric Gonzalez – Innovative Approach to Safety
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
What are Some of the Concerns With Applying AI to Document Review?
Biggest Benefits of Applying AI to Document Review
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)
Key Discovery Points: Even AI Experts Can Get Faked Out
Innovation in Second Requests: Data is Your Greatest Asset
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
How Attorneys’ Views on AI Are Impacting eDiscovery
Key Discovery Points: Get Your Objections In Early – and Keep Your Filings Succinct
Key Discovery Points: Lessons Learned from TikTok’s Redaction Fiasco
eDiscovery Needs Digital Forensics for a Mobile World
Litigation adversaries often trigger privilege and work product disputes when they seek each other’s documents. But what if your client’s adversary subpoenas a third party holding your client’s privileged documents — whose...more
On July 24, 2020, the Court of Chancery in Delaware rejected defendant Centene Corporation’s broad document requests and third-party subpoenas issued as part of a stockholder action to inspect books and records, but allowed...more
Court battles with regulators over privilege and the disclosure of documents are becoming increasingly common. However, it is not often that you see a regulator seeking to obtain the privileged documents of a third party who...more
Subpoenas provide a necessary discovery tool for parties to obtain relevant and many times critical information for litigation, but they often burden uninvolved third parties with the hassle and distraction of investigating...more
Often when a business is served with a third-party subpoena, the reaction is either annoyance, dread, or anger. What are your options? How can you protect your business from getting dragged into litigation that you...more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more
While litigants often invoke Rule 45 to discover documents from third parties during the course of litigation, courts have rarely ordered payment of the fees incurred by the third party to comply with the subpoena. Judge...more
Most commercial litigators are familiar with the process for responding to a subpoena demanding the production of documents from a non-party to litigation under Federal Rule of Civil Procedure 45. But interesting...more
Litigators often have the tendency to seek similar, if not identical, information from multiple sources. As an opponent has an interest in withholding harmful information, third-party discovery may be critical to proving a...more
All companies dislike incurring expenses in connection with document production, but it is particularly distasteful to do so in connection with matters in which the company has no stake. Luckily, in those instances, companies...more
It is your lucky day!! A subpoena comes in the mail and makes its way to your desk. The subpoena comes from a creditor involved in a lawsuit with one of your employees and demands that you produce copies of your employee’s...more
Parties conduct electronic discovery often by using search terms or keywords to locate relevant information during litigation. With the advent of electronic discovery, courts must now answer the question of whether the search...more