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
BYOD — Bring Your Own Device -
Should defendants be permitted to adopt a policy concerning employee use of personal computing devices in business that benefits the defendant and then hide behind that policy to its benefit...more
Herding Warrior Cats -
Federal Rules were last updated in 2016 and the changes were thought to be significant. Welcomed by some and scorned by others, those changes are still being evaluated and applied by judges across...more
The party receiving discovery requests in litigation has the job of trying to understand the locations of potentially responsive data and documents; determining the identity of key custodians; and determining the most...more
Trying to make the best of rules open to highly subjective interpretation…
Discovery in litigation is the heart of the process. It is the system by which parties can obtain evidence from other parties and refine...more
In a lawsuit the discovery process should allow each party to explore evidence in the possession of opposing parties, which may assist in proving their respective claims. The defendant is at an advantage in this process,...more
Two disturbing cases for different, but similar reasons.
When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more
In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems....more