Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

Do’s and Don’ts of Text Message Discovery

Discovery requests of the past had little reason to include text messages as a form of evidence. As texts became the preferred method for informal communications, their usage in the business world also grew. Today, some industry experts refer to texts as the new email, citing them as the main source of relevant information. This shift presents new challenges for litigants.

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TIFFs, PDFs, or Neither: How to Select the Best Production Format

Since there are multiple types of ESI, it’s hard to definitively say that one format type is superior. Arguably, any form is acceptable so long as it facilitates “orderly, efficient, and cost-effective discovery.” Requesting parties may ask for ESI to be produced in native, PDF, TIFF, or paper files. Determinations typically consider the production software’s capabilities as well as the resources accessible to the responding party.

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Spoliation Sanctions and Prevention Strategies

Spoliation refers to the failure to preserve relevant information during contemplated or pending litigation. According to the FRCP, intentional spoliation may result in dismissal of action, default judgment, or court/jury presumption that the missing information was unfavorable to the responsible party. If unintentional, the court may impose measures no greater than necessary to cure the prejudice.

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Getting the Most out of Your Keyword Searches

Though a more basic searching technique, keyword searches allow professionals to identify one or two specific words from multiple documents. Nowadays, keyword searches are considered inferior to the successor, predictive [...]

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Four Tips for Successful Meet and Confers

When approaching any challenge or goal, it’s often best to start with the big picture before narrowing things down. By working backwards, you can identify the steps needed to achieve [...]

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