Parties can live with a good call or a bad one, but they need the balls and strikes called promptly. The United States District Court for the District of Maryland has established several processes for avoiding discovery...more
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
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
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
Over the last year, requests and productions of native-format documents have featured regularly in ediscovery cases resolved by the courts. These cases have demonstrated how differently litigants—and judges—view the...more
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
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
The seventh 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