#CaseoftheWeek with Kelly Twigger: Latin Markets Brazil, LLC v. McArdle
Sometimes a discovery molehill turns into a mountain (of documents) quicker than you can type the word warehouse. Back in January, in North Carolina ex rel. Stein v. EIDP, Inc., the State raised a discovery dispute regarding...more
A landmark rules decision this past week by the Florida Supreme Court promises to reshape the landscape of civil litigation in the state. One particular change amending Florida’s scope of discovery rule, Fla. R. Civ. P....more
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
Modern Musings and Present-Day Pitfalls for Protocols – Things We Didn’t Have to Consider 5 Years Ago - In some ways, the current day challenges with ESI Protocols are the same as they’ve been for years – counsel is...more
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
Collaboration platforms like Slack and Microsoft Teams have transformed enterprise communication. However, this shift has posed new challenges for eDiscovery processes, raising concerns about data management, retention, and...more
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
In Episode 120 of ACEDS' #CaseoftheWeek, Kelly Twigger of eDiscovery Assistant discusses why agreeing to an ESI protocol excluding sources of ESI before you know what you need is dangerous in Latin Markets Brazil, LLC v....more
“We all go a little mad sometimes” – for eDiscovery case law! Our October 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses forensic protocol negotiation and scope, sanctions for plaintiff in Bob...more
What is Document Review for eDiscovery? Let’s dive into the captivating realm of Electronic Discovery (eDiscovery) document review! (No, I am not being sarcastic!) This critical stage involves examining gathered documents to...more
A recent United States Supreme Court decision on the scope of personal jurisdiction, i.e., a court’s authority to exercise jurisdiction over a particular party, could potentially have lasting impacts on the way states decide...more
Traditionally in UK law, in order to hold a company criminally liable, enforcement authorities must prove wrongdoing by a senior person representing the company’s “controlling mind and will.” Through this “identification...more
We’re ready to “spring” into new eDiscovery case law disputes! Our April 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a dispute over search terms and custodians for a...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
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
Organizations that use Gmail for business communications need a way to preserve and extract discoverable information in the event of litigation. But that’s harder than it would appear at first glance. This is the first in...more
Organizations of all sizes have turned to modern, internal collaboration tools even more over the last three years. While these apps help businesses run more efficiently, they present new data discovery challenges and risks. ...more
The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the...more
In this episode, partners Lindsay Bishop, Carolyn Branthoover, and Jackie Celender, along with associate John Gavin, discuss the recent oral argument heard by the Supreme Court concerning a circuit split over two consolidated...more
Since the Federal Rule amendments in 2015 re-emphasized proportionality as a significant principle in relation to discovery, organizations have struggled to operationalize the discovery process in a proportional yet...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
For years, there’s been a popular sentiment that the absence of economies of scale made ediscovery impractical for small law firms, especially those with infrequent cases. While that may have been a legitimate argument in...more
The Federal Rule amendments in 2015 elevated the importance of proportionality, but practitioners have struggled to make arguments based on information, not speculation. For the past 16 months, a group of 56 practitioners,...more
The Patent Trial and Appeal Board (“PTAB”) recently denied a Motion for Additional Discovery because the movant could not prove beyond mere speculation that the requested documents would be useful to show witness scripting....more
Two recent decisions highlight the usefulness of phased e-discovery as a tool to satisfy Rule 26(b)(1)’s ever-important proportionality requirement. It is worth noting that neither phased discovery nor proportionality are...more