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
No need for blarney, we have six great cases! In our March 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to sanctions over spoliated video evidence, quashing subpoenas of...more
In OL Private Counsel, LLC v. Olson, 2024 WL 4839277 (D. Utah Nov. 20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena....more
Your doorbell rings and you open the door only to find a process server or sheriff handing you court papers. You’ve been served. Though there may be many thoughts running through your mind in this moment, it is best to stay...more
5 On July 16, 2024, the Federal Circuit affirmed both the sua sponte order issued by the District of Delaware requiring Lori LaPray, the purported owner of all of the plaintiff LLCs created by the patent monetization firm, IP...more
[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more
In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion...more
[Editor’s Note: This article was first published January 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more
The California Court of Appeal, Fourth District, Division One, issued the following published decision...more
Join Mary Mack ,CEO and Chief Legal Technologist, EDRM, Tom Gricks, Lead Strategy Consultant, OpenText, and Tracy Drynan, Principal Consultant, OpenText, for an interactive discussion. Bring us your most challenging use...more
If your organization is served with a third-party subpoena to produce evidence, your first response might be to break out in a cold sweat. The word “subpoena” is a loaded term, and an instinctive pang of panic is common. But...more
What sticks out from my time at the Department of Justice is this: should your organization receive a government subpoena, the government more likely than not already has the evidence they need to prove the violation. The...more
Navigating modern data is no longer just for civil litigants, and regulators increasingly request non-traditional ESI. Lawyers, vendors, and companies facing government subpoenas and document requests need to consider how to...more
Divorce and family law matters involve civil litigation in the family court. However, many are unsure what the purpose of discovery may be in divorce and family law litigation....more
For a corporation receiving a grand jury subpoena, the most difficult (and expensive) part of a U.S. Department of Justice (DOJ) inquiry is often sifting through corporate data to find relevant material. That is proving to be...more
American Bar Association Model Rule 2.1 and its state law equivalents recognize that in advising a client, a lawyer may take into account and refer to "moral, economic, social and political factors that may be relevant to the...more
When issuing subpoenas, accuracy is paramount: Errors can result in discovery delays, increased motion gamesmanship and worse....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 U.S. Securities and Exchange Commission (SEC) protects investors by enforcing the nation’s securities laws. It can investigate all forms of securities fraud, including fraud committed by securities issuers,...more
Which comes first: the chicken or the egg? Oh, sorry, wrong question. Which comes first: the business communication platform or the ability to preserve, collect, and produce communications from that platform during...more
Subpoenas from the government can often be viewed as unwelcome intrusions into the business of a passive custodian and its accountholders. With a few fundamentals in place, though, custodians can use subpoenas as an...more
The Situation: Corporate policyholders, and their individual officers and directors, often incur significant fees and costs when forced to respond to government subpoenas that may require extensive document productions and...more
What Is A Target Letter? Federal investigations are complex, time-consuming, and often a cause of great anxiety for the individuals involved. The government has a variety of tools in its arsenal to gather preliminary...more
On February 9, Acting SEC Chair Lee announced she was restoring the delegated authority of Enforcement Division senior officials to issue subpoenas to compel document production and sworn testimony without the need of a...more
What Is the Federal Trade Commission (“FTC”)? The Federal Trade Commission (“FTC”) is a federal agency that enforces consumer protection laws and competition regulation in the United States. Its dual mission is (1) to...more
Q: I was served with a subpoena. What should I do? A: First, you need to determine whether it is a subpoena to produce documents or whether it is a subpoena directing you to testify at a deposition or trial....more