News & Analysis as of

Electronically Stored Information Document Productions Scope of Discovery Requests

Association of Certified E-Discovery...

More Evidence that the Continued Use of General Objections Risks Waiver in eDiscovery

United States Magistrate Judge Sean Flynn’s recent decision in Byte Fed., Inc. v. Lux Vending LLC, is another in a long line of cases enforcing the 2015 amendments to the Federal Rules requiring specificity in objections to...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for March 2024 - March 27th, 1:00 pm - 2:00 pm ET

Time to “spring” – into more eDiscovery case law! Our March 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes over in camera review of privilege logs, waiver of privilege over failing to...more

Association of Certified E-Discovery...

Technocat Tidbits: What Is An ESI Protocol

Hey there, fellow legal tech enthusiasts! It’s Cat Casey, back with another installment to help you navigate the legal tech maze. Today, we’re diving deep into the world of ESI Protocols. If you’re thinking, “ESI-what-now?”,...more

Nextpoint, Inc.

Demystifying Ediscovery Production Formats

Nextpoint, Inc. on

When it comes to ediscovery production, it’s absolutely advantageous to keep the end goal in mind from the outset. The duty to produce is explicitly outlined in the Federal Rules of Civil Procedure and most analogous State...more

EDRM - Electronic Discovery Reference Model

[Webinar] Operationalizing your eDiscovery Process by Leveraging the Proportionality Rule - October 6th, 1:00 pm - 2:15 pm ET

Proportionality is now the hottest legal issue involving eDiscovery, with the largest number of eDiscovery-related cases in the past year addressing the subject. Legal and their supporting IT teams that take full advantage of...more

Nextpoint, Inc.

Ediscovery Checklist: How to Win the Rule 26(f) Meet and Confer

Nextpoint, Inc. on

Preparing for the Meet and Confer - Proper preparation and documentation during the Rule 26(f) meet and confer process will greatly improve efficiency in the ediscovery phase of your litigation....more

Association of Certified E-Discovery...

[Webinar] Negotiation: The Scope and Form of Productions - September 28th, 1:00 pm - 2:00 pm EDT

Join our highly experienced panel to discuss the topic: Negotiation: The Scope and Form of Productions. This presentation will focus on ESI exchange protocols and how to resolve disputes before they happen. Included will be...more

Lighthouse

Overcoming eDiscovery Trepidation - Part II: A Better Outcome

Lighthouse on

In this two-part series, I interview Gordon J. Calhoun, Esq. of Lewis Brisbois Bisgaard & Smith LLP about his thoughts on the state of ediscovery within law firms today, including lessons learned and best practices to help...more

Hanzo

5 Slack Ediscovery Misconceptions That Increase Risk [Infographic]

Hanzo on

As much as we hate to admit it, your mother was right. Planning ahead, adopting proactive processes, getting your tools in order, and making sure that you have a battle-tested approach for ediscovery is the best way to...more

TransPerfect Legal

Short Message Collection – Best Practices

TransPerfect Legal on

The proliferation of short messages falling into the scope of discovery or disclosure is unabated. These can be mobile SMS texts or instant messages from popular applications such as WhatsApp, Viber, Slack, Skype and MS...more

TransPerfect Legal

Leveraging Technology to Manage Big Data in Antitrust

TransPerfect Legal on

On 27 January, 2021, TransPerfect Legal Solutions (TLS) held the second day of the inaugural EU/UK Competition Regulation Virtual Conference. Day one focused on the changing regulatory landscape. Day two turned to the advent...more

Association of Certified E-Discovery...

[Webinar] The Potential Promise of Proportionality: Platitude or Progress? - February 17th, 1:00 pm - 2:00 pm EST

The 2015 amendments to the FRCP elevated the importance of proportionality in ediscovery, but has it lived up to its intended purpose? Our panel of speakers will discuss the past, present, and future potential of leveraging...more

Farrell Fritz, P.C.

Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a...

Farrell Fritz, P.C. on

New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more

Sheppard Mullin Richter & Hampton LLP

The Cost and Burden of Discovery for California Employers Will Likely Increase in 2020

A new change to California’s Civil Discovery Act has all of the trappings of a burdensome and costly requirement for employer defendants litigating in California state court. In addition to a litany of new California...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Trends in Books and Records Litigation

Recently, the frequency of stockholder demands to inspect corporate books and records pursuant to Section 220 of the Delaware General Corporation Law has increased. In turn, the case law concerning Section 220 demands is...more

Hanzo

Court Dicta in Paisley Park v. Boxill Foresees Expansion of Discoverable ESI

Hanzo on

Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources” Are you preserving all of the electronically stored information (ESI) that’s relevant to your litigation matters? What about...more

Hanzo

Don’t Let the Quest for “Easier” Stand in the Way of High-Quality Native-Format Evidence: Lessons From In re Syngenta AG MIR 162...

Hanzo on

It’s surprising—or perhaps not, depending on your outlook—how often people settle for less because it’s easier. We watch a TV show we don’t especially care about instead of reading a book because we’re tired and it’s easier...more

Hanzo

Case Law Summary: Native-Format Production — Lessons From McDonnel Group, LLC v. Starr Surplus Lines Insurance Co.

Hanzo on

With some electronically stored information (ESI), what you see is what you get. A simple screenshot, PDF, or TIFF image may convey all the information that a litigant needs....more

Searcy Denney Scarola Barnhart & Shipley

Document Production — Look Before You Leap

In eDiscovery, look before you leap! You have filed a lawsuit and you are set for a “meet & greet” conference with opposing counsel(s) to review and agree on discovery. What should you expect from opposing counsel and their...more

Hanzo

The Form of Production in Ediscovery: Does Native Format Matter?

Hanzo on

In the hustle and bustle of ediscovery planning, we often focus more on the content of discoverable information than we do on its form. For example, in a hostile-workplace claim, you may know that you want all of the...more

Kilpatrick

Crafting Effective ESI Agreements

Kilpatrick on

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

Epiq

Evidence in the electronic age: the rise of the Sedona Canada Principles

Epiq on

The world is moving from print toward electronically stored information (ESI), and the legal profession is no exception. Since ESI is discoverable, lawyers must understand the effects ESI can have on their discovery process....more

Knobbe Martens

Fundamentals of Document and ESI Discovery

Knobbe Martens on

Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The E-Discovery Digest - October 2016"

The fifth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney client privilege and work-product doctrine, spoliation, and discovery responses. ...more

Proskauer - Minding Your Business

Not a Foreign Concept: Court Orders Production of Native ESI Files to Verify That Data Had Not Been Manipulated

A common issue in almost any case involving the production of electronically stored information (“ESI”) is the format in which the parties will produce the ESI. Typically, ESI may be produced in one of four formats: native...more

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