News & Analysis as of

Electronically Stored Information Document Requests

Smith Anderson

N.C. Court of Appeals Addresses Public Records Status of Records Held Solely by Third-Party Vendors

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The North Carolina Court of Appeals recently issued an opinion on the question of when documents solely in the possession of a third-party contractor—and not a public body—are public records subject to production under the...more

TransPerfect Legal

Creating a Defined Investigatory Process in Government Investigations

TransPerfect Legal on

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

CloudNine

[Webinar] Navigating Your Modern Data with Rick and Derek - November 8th, 12:00 pm - 1:00 pm CST

CloudNine on

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

Rivkin Radler LLP

Administrative Order 141/22 Brings More Changes to New York’s Uniform Civil Rules

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On July 1, 2022, Administrative Order 141/22 (“AO 141/22”) became effective, revising many of the previous changes to New York’s Uniform Civil Rules (“Uniform Rules”) made by Administrative Order 270/20 (“AO 270/20”),...more

Reveal

The Best of “eDiscovery Blues” Legal Comic Strip in 2020

Reveal on

Humor isn’t necessary in eDiscovery, but it sure helps. Which is why Ipro has created our own comic strip, eDiscovery Blues™ and included them with articles highlighting insights and best-practices across the legal technology...more

Hanzo

If You’re Not Requesting Slack Data in Ediscovery—or Preserving It—What Are You Waiting For?

Hanzo on

When you start an ediscovery project, are you explicitly asking your opponents to produce data from the collaboration application Slack? Are you looking for relevant and helpful data within your own Slack channels and...more

Womble Bond Dickinson

New Utah Privacy Law Expands Warrant Requirement for Individuals’ Data Held by Electronic Communications Service Providers

Womble Bond Dickinson on

On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...more

Franczek P.C.

Denial of Request for 44,536 Emails as Unduly Burdensome Violated FOIA

Franczek P.C. on

During my recent time working at the Department of Education’s Office for Civil Rights, I worked with the Federal Freedom of Information Act, which does not contain an unduly burdensome exemption....more

Proskauer - The Capital Commitment

Five Things to Think About Before a Surprise SEC Exam

If a team from the SEC arrives at your office and says, “We are conducting an on-site examination and would like to talk to the CCO right now,” are you prepared? A handful of registered investment advisers have faced surprise...more

Troutman Pepper

Practice Pointers to Best Utilize or Respond to Document Requests: Sedona Publishes Rule 34 Primer

Troutman Pepper on

The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more

Eversheds Sutherland (US) LLP

New Sedona Conference Commentary Recommends Restricting the Reach of Document Requests Directed to U.S. Affiliates of Overseas...

Earlier this month, the Sedona Conference issued the final version of its “Commentary on Rule 34 and Rule 45 ‘Possession, Custody, or Control.’” The Commentary recommends adopting the “legal right” test to analyze the...more

Morris James LLP

Discovery Dispute Regarding Key Word Searches Is Granted In Part And Denied In Part

Morris James LLP on

Plaintiff requests that defendant search its database for documents containing the following terms: charge sharing, power race, contention, and short circuits and their synonyms. Plaintiff justifies this discovery on the...more

Fenwick & West LLP

The Top Seven Takeaways from the December, 2015 Federal Rules Amendments

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Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate “over-preservation” of records and expedite...more

Carlton Fields

Extensive Changes to the Federal Rules of Civil Procedure

Carlton Fields on

Several significant amendments to the Federal Rules of Civil Procedure took effect Tuesday. They are probably the most wide-ranging set of changes to the rules in more than 20 years. Here are the key changes... ...more

Brooks Pierce

A Valuable Point From The NC Business Court On Subpoenas Without Depositions

Brooks Pierce on

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?...more

Ballard Spahr LLP

Proposed eDiscovery Rule Would Bring Relief from Specter of Sanctions

Ballard Spahr LLP on

The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery...more

Carlton Fields

The Role Of Rule 26(g) In E-Discovery

Carlton Fields on

An attorney’s signature on discovery responses certifies that the attorney “made a reasonable effort to assure that the client had provided all the information and documents available to him that are responsive to the...more

McNees Wallace & Nurick LLC

Responsibilities to Preserve Data for Litigation

If you are involved in litigation, you have a duty to preserve all documents and data that could be relevant to the litigation. The duty to preserve evidence begins as soon as litigation is “reasonably anticipated.” That...more

Foley & Lardner LLP

Negotiating the Enforcement Maze: A CFPB Civil Investigative Demand

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The Consumer Financial Protection Bureau (CFPB or Bureau), through its Office of Enforcement, may conduct inquiries of institutions or persons to investigate compliance with the federal consumer financial laws for which it is...more

Littler

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

Littler on

In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more

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