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Electronically Stored Information Subpoenas

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[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

EDRM - Electronic Discovery Reference Model

Changing the Forum for a Motion to Quash a Subpoena

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

CDF Labor Law LLP

Deleting Relevant Text Messages Can Cost You

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​​​​​​​Earlier this week, the Ninth Circuit in Jones v. Riot Hospitality Group, 2024 WL 927669 (9th Cir. Mar. 5, 2024) affirmed the dismissal of an employee’s claims against her employer and found that terminating sanctions...more

EDRM - Electronic Discovery Reference Model

January’s Notable Cases and Events in E-Discovery

[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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for January 2024 - January 25th, 1:00 pm - 2:00 pm ET

It’s never too early in the year for eDiscovery case law! Our January 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses Rule 45 subpoena requests, in-camera review and categorical privilege logs,...more

EDRM - Electronic Discovery Reference Model

[Zoom Roundtable] A RAIR Opportunity: Stump the eDiscovery Experts - April 13th, 1:00 pm ET

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

TransPerfect Legal

Eight Best Practices for Managing Multi-District Litigations

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Multi-District Litigation (MDL) is a complex judicial tool to create efficiency within the court system and consolidate matters from various jurisdictions into one. For those MDLs that traverse the country–opioid most...more

EDRM - Electronic Discovery Reference Model

Third-Party Subpoena Requests: What They Are and How to Respond

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

TransPerfect Legal

Creating a Defined Investigatory Process in Government Investigations

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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

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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

Hinch Newman LLP

FTC CID Attorney on Considerations for Digital Marketers When Selecting Regulatory Investigation Defense Counsel

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You received a Civil Investigative (CID) from the Federal Trade Commission related to a consumer protection matter. Now what?...more

McGuireWoods LLP

Less is More? DOJ Signals Shift to More Targeted Evidence Collection

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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

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May 2022 - May 24th, 1:00 pm - 2:15 pm ET

Our May monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional disputes, disputes over forensic imaging, the use of file “shredder” software and...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April 2022 - April 21st, 1:00 pm ET

eDiscovery Case Law disputes can be “taxing” for the courts, but they’re fun to discuss! Our April monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional...more

Farrell Fritz, P.C.

Court Sends Signal to Parties Who Spoliated Documents Using Ephemeral Messages

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Ephemeral messaging applications are considered solutions for data protection and privacy concerns (Blink, And I’m Gone: E-Discovery Challenges and Considerations With Ephemeral Messaging). However, courts are wary of...more

K&L Gates LLP

Litigation Minute: Subpoenas and the Stored Communications Act

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - "Our business runs an electronic communication system and we got a subpoena for something that one of our users stores on our system. Can't we just produce it?" STOP! The content...more

Oberheiden P.C.

Received a Search Warrant? 10 Facts You Need to Know

Oberheiden P.C. on

Several federal agencies rely on search warrants to gather evidence in support of their law enforcement efforts. If you have received a search warrant from the Federal Bureau of Investigation (FBI), Drug Enforcement...more

Oberheiden P.C.

SEC Subpoena - 6 Things You Must Do To Protect Your Company

Oberheiden P.C. on

The Securities and Exchange Commission is a formidable federal agency charged with the authority to investigate various instances of securities fraud and misconduct by entities, executives, and investors in order to protect...more

Hanzo

Case Law Summary: Can You Use Slack for Business Communications If You Can’t Produce Slack Messages in Discovery?

Hanzo on

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

Kramer Levin Naftalis & Frankel LLP

Reflecting on Recent Sedona Conference Guidance on Managing the Costs and Burdens of Non-Party Subpoenas

Introduction - The proliferation of data and the rise of affordable cloud computing services has led many companies and organizations to outsource their data storage to third parties, a practice that raises numerous issues...more

Epiq

ESI and Evidence: Sedona Updates Guidelines on Subpoenas and Admissibility

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The world runs on digital. Courts and litigators must understand how digitization can affect their cases. This past October, the Sedona Conference released updated analyses to help legal professionals navigate and adapt to...more

Stange Law Firm, PC

New encrypted applications gaining prevelance

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In divorce and family law litigation, text, email and cell phone records are often important. In many cases, parties seek this evidence in discovery when it bears on relevant issues. Text, email and cell phone records can...more

Association of Certified E-Discovery...

[Event] ACEDS at NeLI (National eDiscovery Leadership Institute) - June 5th, Overland Park, KS

NeLI is back! Register today and join ACEDS at the National eDiscovery Leadership Institute. Learn about E-Discovery developments from nationally recognized experts and connect with your local community! The ACEDS Kansas...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...

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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

Epiq

The Tech Factor: Special eDiscovery Considerations for the Tech Sector

Epiq on

Many questions arise during the discovery process: What type of data do parties need to preserve? How should they obtain, review, and disclose it? Are third-party subpoenas necessary? These are just a few things parties need...more

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