Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Key Discovery Points: Lessons Learned from TikTok’s Redaction Fiasco
All Things Investigations: Episode 37 – Privileges in Document Production with Mike Huneke
Sitting with the C-Suite: eDiscovery Observations – Historical Lookback to 1990s and 2000s
So you are ready to divorce...what is the process?
Sitting with the C-Suite: In-House Counsel - Leveraging Text Classification to Problem Solve
Video | Tips for Managing the Preservation of Mobile Device Data
PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
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
Litigators frequently interview fact witnesses in pending or anticipated litigation settings. Their interview notes normally deserve fact work product protection, but that can be overcome if the witnesses disappear or their...more
This video kicks off Key Discovery Points, a new series covering ediscovery and legal tech news and current events. Brett Burney of Nextpoint joins Doug Austin of eDiscovery Today to discuss TikTok's recent redaction fiasco...more
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. an order from the U.S. District Court for the Eastern District of California granting a motion to compel...more
[Editor’s Note: This article was first published July 19, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish.] This Sidley Update addresses the following...more
Employers often go to great lengths to protect company documents and communications concerning and discussing confidential trade secret information. But what happens when employees leave, bring a whistleblower claim, and the...more
The issue of whether irrelevant material in a relevant document can be redacted when the document is produced in discovery has long been a hot topic. See, e.g., Relevance Redactions Rejected – Rule 26(f) Resolution –...more
[Editor’s Note: This article was first published June 14, 2023 and EDRM is grateful to Robert Keeling, Chair of the EDRM Global Advisory Council and our Trusted Partner, Sidley, for permission to republish.] This Sidley...more
An important word has been missing from much of the talk about Alex Jones: Ediscovery. But ediscovery is where it all went wrong in the fiasco of his case. In a bizarre twist of events that are even “too dumb” for a Law...more
Welcome to the Thanksgiving edition of the Lawyers' Lawyer Newsletter. In this edition, we consider an attorney's ethical obligations when facing a subpoena—whether issued by the court or an individual attorney—seeking...more
The Situation: Use by outside directors of non-company email accounts or other non-secure platforms to conduct board business risks waiver of the board's privilege. Even if the privilege is maintained, use of such an account...more
An important, recent development relating to CVA litigation in New York City will have a significant impact on how these cases are prosecuted. On September 18, 2020, Judge George J. Silver—who oversees all pretrial matters...more
For most people, redacted documents are the material of spy movies and political scandal. But here in the world of eDiscovery and FOIA requests, they’re a part of everyday life. But that doesn’t mean they’re to be taken...more
A May 26, 2020 order by U.S. Magistrate Judge John F. Anderson (E.D. Va.) that attorney work product protection did not preclude production of a forensic vendor's data breach investigation report to plaintiffs in the Capital...more
The United States District Court for the Eastern District of Virginia (Court) has held that a cyber-forensic investigation report was not protected by the attorney work product doctrine and ordered Capital One to produce it...more
In its recent decision, Flock Estate v Flock, 2019 ABCA 194, the Alberta Court of Appeal considered the extent to which evidence and submissions proffered in an arbitration might be admissible in a related court proceeding....more
Unpleasant news about sensitive data leaks are making big headlines these days. Paul Manafort’s attorneys just created one after a failed attempt to redact sensitive information in a recent filing. In this case, there was no...more
The press has widely reported on Paul Manafort’s attorneys’ failed attempt to redact sensitive information in a recent legal filing, allowing the press to uncover and publish the very information the attorneys intended to...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
A recent order from the Northern District of California provides some succinct guidance on the relevancy of discovery concerning litigation funding. In Space Data Corp. v. Google LLC, 5-16-cv-03260, the court denied...more
Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye....more
In the event of an inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the sender of the attorney’s receipt of the documents. It is then up to the sender to...more
Plaintiffs often seek discovery on a financial institution’s policies and procedures with an eye towards using that evidence against the institution. If a financial institution’s representative or representatives did not live...more
A critical part of cooperating with an SEC or DOJ investigation for FCPA or other possible violations is the production of documents. In order for the company to assess what happened it must conduct an internal investigation...more
Despite many well-publicized gaffes in legal, political and business arenas, many folks do not properly electronically redact sensitive information before letting a document loose into the wild. Supposedly blacked-out or...more