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Electronic Communications Discovery e-Discovery

EDRM - Electronic Discovery Reference Model

Fed.R.Civ.P. 26(g) Was Violated by Permitting Client Searches With Minimal Oversight by Counsel

Fed.R.Civ.P. 26(g) is called the “stop and think” rule.  In Grullon v. Lewis, 2025 WL 1693425 (S.D.N.Y. Jun. 17, 2025), the court found a violation of that rule....more

EDRM - Electronic Discovery Reference Model

Privilege Log Deemed Partially Inadequate

In Gilbane Bldg. Co. v. School Bd. of Broward County, 2025 WL 1615553 (S.D. Fl. Jun 6, 2025), plaintiff moved to compel a “compliant” privilege log. The court decided six issues. The court wrote: “I agree that Defendant...more

EDRM - Electronic Discovery Reference Model

“It Ends With Us”

In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake...more

Minerva26

Requesting Cloud Data from Third Parties? Here’s What Every Litigator Needs to Know About the SCA

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The way we communicate has changed dramatically in recent years, with businesses and individuals moving from traditional email to cloud-based collaboration platforms like Microsoft Teams, Slack, WhatsApp, Skype, and Telegram....more

Fox Rothschild LLP

Preparing for a TikTok Ban: What Employers Should Do to Ensure Access to Crucial Information Before It Disappears

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In recent years, TikTok has become a widely used platform for communication and content sharing, boasting nearly 2 billion users globally and 170 million active users in the U.S. alone. And while other social media platforms...more

Kilpatrick

Blurred Lines: Personal Devices, Proportionality, and Piercing the Work Product Privilege

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In a fairly short opinion and order, the district court in Weston v. DocuSign, Inc. analyzed whether the parties were entitled to the production of text messages from former employees’ personal devices and potential piercing...more

Association of Certified E-Discovery...

What the Heck is a Modern Attachment?

In the days of snail mail, people would use a paperclip to attach additional documents or material to a letter. Flash forward to the dot.com boom, and we described electronic mail and attachments using the same terms. Even...more

Pagefreezer

Is Slack Content Discoverable? Yes, It (Definitely) Is

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Electronic communication has come a long way in a few short decades. In 2006, Rule 34 of the Federal Rules of Civil Procedure was amended to confirm that discovery of electronically stored information stood on equal footing...more

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