News & Analysis as of

FRCP 26 e-Discovery Professionals

Kilpatrick

We Hold These Rules to Be Self-Evident: Document Review, Relevance, and the Federal Rules of Civil Procedure

Kilpatrick on

Sometimes, an argument or position may seem so self-evident or apparent that parties proceed on the assumption that it is correct without ever actually litigating the issue. Should a party decide to contest the issue,...more

Esquire Deposition Solutions, LLC

Regarding Depositions Seeking Meta-Discovery

Experienced litigators are familiar with the tension between the federal legal system’s policy favoring liberal pretrial discovery into all relevant matters and the countervailing policy forbidding discovery that is...more

Hanzo

A Few Considerations When Preserving Slack Data for Ediscovery

Hanzo on

Court rulings in the past few years have codified what people working in ediscovery have known all along: Slack (and other collaboration app data) is discoverable during litigation and should be preserved the same as email as...more

Kilpatrick

When a Forensic Exam of a Mobile Device May Be Warranted

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With the evolution of technology, electronic communications -- particularly text messages -- can often provide a treasure trove of evidence. While requests for email communications and collections from hard drives and...more

Hanzo

Ediscovery, Remote Work, and the Rise of Collaboration Apps

Hanzo on

Even before the COVID-19 Pandemic in 2020, collaboration app (e.g. Slack) usage was on the rise for internal enterprise communications, with the market share increasing from around seven billion U.S. dollars in 2015 to nearly...more

Reveal

Need to Determine Scope of Discovery Quickly & Affordably? Live EDA to the Rescue!

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In last month’s eDiscovery Blues, I wrote about how Information Governance can help legal teams prepare for the “Meet and Confer” conference set forth under the Federal Rules of Civil Procedure’s (FRCP) Rule 26(f). This...more

Onna Technologies, Inc.

Early case assessment for the cloud

The concept of early case assessment (ECA) hasn’t changed with the times — the name of the game is still getting a clear, upfront picture of the issue at hand, as well as any liabilities or potential costs. But what has...more

Reveal

Zoom Boom: eDiscovery Considerations Around Videoconferencing

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With many of us now working from home in response to the COVID-19 pandemic, the reality of using videoconferencing software like Zoom, Teams, and other such platforms has become a regular part of the day-to-day. This was...more

Reveal

Should Mobile Devices be Imaged for eDiscovery? Recent Case Law Provides Insight

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Deciding whether mobile devices should be imaged can be difficult when it comes to eDiscovery. They contain a large variety of file-types and data intermingled with a lot of private information, which may be privileged....more

Bradley Arant Boult Cummings LLP

“Who’s Gonna Pay for All This?” Can Prevailing Litigants Have Their E-discovery Charges Taxed as Costs Against Their Losing...

Parties in today’s complex litigation world, and their counsel, need no reminder of the ubiquity of electronic discovery and the tremendous expense it occasions. Even before 2006, when “electronically stored information”...more

Association of Certified E-Discovery...

Federal Rules of Procedure on Production Format: Timing and Consequences

The Federal Rules of Civil Procedure have several important provisions about production format. Rule 26 requires the parties to meet and confer about form of production in connection with the discovery plan. Rule 34 addresses...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

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