Our Insights on eDiscovery

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

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Should Failing to Issue a Litigation Hold Be Considered Intent to Deprive?: eDiscovery Best Practices

A lot has been discussed about the most recent changes to the Federal Rules, especially with regard to Rule 37(e) and the requirement of the intent to deprive standard to apply more serious sanctions. But, what activities constitute intent to deprive? Should failing to issue a litigation hold be considered intent to deprive a party of potentially responsive ESI when that ESI is not preserved?

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The Last Word on LegalTech New York 2017: eDiscovery Trends

Since this blog was founded in 2010, we have certainly covered each LegalTech New York (LTNY) conference extensively, with (in most years) a pre-show look, coverage of eDiscovery related sessions each day, a post mortem set of observations from LTNY attendees and an annual thought leader interview series (this year was our seventh annual series). But, nobody covers the show quite like Andrew Haslam.

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What Can Go Wrong, Will Go Wrong. Here’s What to Do About It: eDiscovery Trends

If you’ve ever managed a discovery project for litigation, investigations or audits, you know that “Murphy’s Law” dictates that a number of “pitfalls” and “potholes” can (and will) occur that can derail your project. These issues can add considerable cost to your discovery effort through unexpected rework and also cause you to miss important deadlines or even incur the wrath of a judge for not following accepted rules and principles for discovery. Here’s a new webinar that will help you avoid many of these “pitfalls” and “potholes”.

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The Sedona Principles Has Been Around Longer Than You May Realize: eDiscovery Best Practices

It has been close to fifteen years since the original public comment draft of The Sedona Principles: Best Practices, Recommendations & Principles for Addressing Electronic Document Production was released. Even the second edition of The Sedona Principles was published all the way back in 2007 – that’s before the iPhone was even commercially available! Now, after almost ten years, the public comment version of the Third Edition has now been released.

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Putting Information on File Share Site without Protection Waives Privilege, Court Rules: eDiscovery Case Law

In Harleysville Insurance Co. v. Holding Funeral Home, Inc., Virginia Magistrate Judge Pamela Meade Sargent ruled that the plaintiff’s placement of privileged information on a file share site and distribution of the hyperlink to access that information without providing any protection for the site resulted in a failure to take reasonable steps to protect the information – as a result, the declared attorney-client privilege and work-product protections were waived. Judge Sargent also denied the plaintiff’s motion to disqualify defense counsel for accessing the information without informing plaintiff’s counsel, but did order defense counsel to pay the plaintiff’s fees and costs in bringing the motion.

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