The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. With the advent of cloud services and significant use by clients, e-discovery practitioners incorporated knowledge of those new platforms and
Discovery Advocate
News, Developments and Practical Advice on eDiscovery in the trenches of Litigation
Discovery Advocate, published by Baker & Hostetler LLP, focuses on legal issues related to electronic discovery and data preservation in litigation. The blog covers topics such as the challenges of preserving and producing electronically stored information (ESI), including emails, instant messages, and data on personal devices. It discusses court rulings on discovery obligations, sanctions for discovery failures, and regulatory enforcement actions related to record retention and off-channel communications. The blog also addresses best practices for litigation holds, compliance with discovery rules, and the impact of technology on discovery processes in complex legal disputes.
Latest from Discovery Advocate - Page 2
What the Working Party might be Thinking about Discovery – WP 261 Derogations to the GDPR
On Feb. 6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of Article 49 of the European Union’s (EU) General Data Protection Regulation (GDPR). This guidance was…
What Judges are really saying about Technology Assisted Review
Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review process in…
Social Media Privacy Settings May Not Protect Your Information From Discovery
By Carey Busen
Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are not friends, connections or followers cannot view their information and postings. However, it is equally likely that…
What Controls: The Location of the Data or the Location of the Searches for the Data?
The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants. Currently, the Second Circuit says yes while…
E-Discovery and Cryptocurrencies – What you need to know
By Nkosi Shields & Ryan Walton
Does bitcoin keep appearing in your news feed?
As cryptocurrencies become adopted and accepted by mainstream vendors and consumers, it’s a good idea for attorneys to think about the potential litigation and eDiscovery challenges ahead. While U.S.-based cryptocurrency exchanges are…
Perfection Not Required in Technology Assisted Review, but Transparency Might Be
A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will consider the use of advanced…
Why Aren’t You Using FRE 502(d)
By Nkosi Shields & Ryan Walton
In 2008, Federal Rule of Evidence 502(d) was signed and enacted into law by Congress to minimize the cost of civil litigation, particularly in matters with large volumes of ESI. The intent of the rule is to allow parties to…
It’s the End of Authentication (of ESI) as We Know It
By Carey Busen
Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending.”
We previously analyzed the changes to the hearsay exception…