Caselaw

Early Meet & Confer for 30(b)(6) Witness Scope

The FRCP amendments have consistently pushed litigants to meet and confer earlier in the discovery process. This amendment focuses on defining the agreed deposition topics before or immediately following notices of deposition. That would certainly prevent some of the long and boring series of depo questions I have endured that were outside of my designated scope for a client. I am hoping that this [...]

By |2020-12-11T14:22:23-06:00December 11th, 2020|Caselaw, Federal, Regulations, News|0 Comments

Nuggets of Gold from a TAR Fight – Pt 2

I wanted to take advantage of Rob Robinson’s timely release of his Winter 2021 eDiscovery Pricing Survey Results and compare a few key prices with those I calculated in my blog analysis of the TAR fight order in Lawson v. Spirit Aerosystems. I appreciate and encourage Rob to keep running his surveys. Seventy nine respondents (n=79) is quite respectable given the recent proliferation of [...]

By |2020-12-08T11:27:58-06:00December 8th, 2020|Provider, Caselaw, Federal, Essay, Firm, Processing, Analysis, Review, Purchase|1 Comment

eDiscovery Over the Pond = eDisclosure

Another good find and commentary by Doug Austin, A Time of Discovery – A History of Electronic Disclosure (Part One). I like how he pointed out how the UK’s disclosure rules were updated in the same time frame as our FRCP amendments. Civil litigation and arbitration rules vary wildly by international venue. That was a big shock to me as a young product manager [...]

By |2020-12-08T10:33:02-06:00December 8th, 2020|Caselaw, Regulations, Europe, News|0 Comments

Nuggets of Gold from a TAR Fight

Provider pricing and custodial metrics are often impossible to find because so much of the eDiscovery market insists on wrapping sales in NDAs.  That can be frustrating to a consultant who specializes in solution proposals, ROI analysis and RFP engagements. So you can imagine how happy I am to share the public details gleaned from digging through the actual order and Casetext’s fabulous synopsis. [...]

By |2020-12-02T16:00:45-06:00December 2nd, 2020|Caselaw, Essay, Processing, Analysis, Review|3 Comments

eDiscovery Sanctions Go All the Way to the Top

As a 30(b)(6) witness for some of my clients, I follow eDiscovery spoliation cases closely. Most of them have little or no ‘teeth’ when a party has even attempted to meet their obligations. It is nice to see a magistrate drop the hammer on a party who appears to have consistently and deliberately tried to hide relevant ESI. The cited order is worth a [...]

By |2020-10-29T14:06:36-05:00October 29th, 2020|Caselaw, Compliance, News|0 Comments

Responding Party Controls TAR Strategy

Normally I dig through the actual ruling language for new eDiscovery caselaw. In this case my former Symantec alumni has written a great summary of the contested discovery protocols. I refrained from quoting his closing four take-aways, but they are worth a read. What caught my interest here was the defendant’s original strategy to use its “Microsoft Tool” (I bet O365 Advanced eDiscovery) to [...]

By |2020-09-16T10:38:26-05:00September 16th, 2020|Caselaw, Analytics, News, Collection, Processing, Analysis, Review|0 Comments

Preserving the Context of Privileged Communications

The article is a long and rather scholarly coverage of the evolution of the communication privilege. It brings up a couple interesting issues for retention policies and classification systems. First is the need to retain the actual communication wrapper for legal work product to preserve privilege. The proliferation of online meetings, chat and collaboration channels are generally considered informal communications and not addressed by [...]

By |2020-09-14T12:41:08-05:00September 14th, 2020|Caselaw, Analytics, News, Privacy, Content Management, Review|0 Comments

Trust But Verify Includes Your Executives

Sanctions and adverse inference rulings are far too rare in my opinion. That is because far too often opposing productions are not scrutinized and compared against your own collections. Too few counsel run the metrics of key witnesses and wonder why their email counts suddenly dropped or vanished during the critical time frame. Lawyers should practice law and stay focused on evidence and merits [...]

By |2020-09-10T15:19:26-05:00September 10th, 2020|Caselaw, News, Compliance, Legal Holds|0 Comments

Other Shoe Drops on COVID-19 Employer Lawsuits

Despite early articles proclaiming a dearth of COVID-19 related lawsuits, the first waves have hit the courts. I was disappointed that a law firm article focused on recommendations that were outdated before it hit the digital presses instead of clear litigation preparedness guidelines. Back in July I outlined some better practices for corporate litigation defense preparations as businesses reopened. My point here is that [...]

By |2020-09-02T10:37:38-05:00September 2nd, 2020|United States, Caselaw, Preservation, News|0 Comments

Are You an ESI Hoarder? Discovery Lessons from the Big Tech Hearings

How long should you keep ad hoc internal communications? That is the question that bubbled up while listening to the four Big Tech CEO’s trying to explain a few of their 1.3 million emails and internal documents obtained by the House Antitrust Subcommittee's investigation that kicked off June 2019. The vast majority of those exhibits dated from 2010-2012 M&A strategy discussions. We have no [...]

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