Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New York, who recently ordered cost
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.
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E-Discovery Standards and the 26(g) Signature That Drives the Market
We begin with three quick questions:
1. Which legal practice has created and fueled a multibillion-dollar support industry?
2. Which legal practice employs incomprehensible acronyms that require a glossary apart from Black’s Law Dictionary?
3. Which legal practice motivates debates…
Attorneys’ Professional Duty of Care When Representing Clients in Litigation or an Investigation Requires Higher Technological Literacy
The legal practice and technology go hand in hand, and a solid understanding of technology is crucial to satisfy the ethical duties owed by attorneys to their clients. In an opinion published on Feb. 21, the New York County Lawyers…
It Lurks in the Last Place You Look – Preventing (or at Least Mitigating) Employee Data Leakage
Outside hacking attacks grab headlines. Data breach concerns cause sleepless nights within the C-suite of many organizations. And ransomware strikes fear into companies without sound backup practices and true Information Governance programs. But a different (and sometimes more sinister) problem…
Advocacy in E-Discovery More Important Than Ever
In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for storage and preservation, understand the client’s ESI…
Judge Peck to Attorneys – Wake Up and Read Rule 34
It has been more than a year since the update to the Federal Rules of Civil Procedure, and Judge Peck is losing patience with litigators who do not follow the “no-longer-new 2015 Amendments.” Recently, in Fischer v. Forrest, he…
Want to Get Primed for TAR? The Sedona Conference Has You Covered
The Sedona Conference recently announced the release of its Technology Assisted Review (TAR) Case Law Primer. While this final version of the primer will be published in the Summer 2017 Sedona Conference Journal, the final/prepublication edition can be downloaded at…
If the Scope of Discovery Changed and No One Paid Attention, Did the Scope of Discovery Change?
The scope of discovery may be more limited than you think. The Cole’s Wexford opinion provides a thorough dissection of the history and past iterations of Rule 26 and a clear explanation of the status of the current rule as…
‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception
Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic processes or systems (FRE 902(13)) and self-authentication of data copied from…
TAR Preferred, Keywords Acceptable – Focus on Defensible Process!
It’s hard not to feel a bit embarrassed for all the bloggers who await, and write about, nearly everything Magistrate Judge Andrew Peck (S.D.N.Y.) writes about the search for and production of electronically stored information (ESI). We’re far more guarded…