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.
We like our litigation to be decided on the merits. Sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes — although perhaps not frequently enough — baseless and abusive motions are punished.
Recently,…
Will a challenge to the use of predictive coding or technology-assisted review (TAR) disguised as a recusal fight capture the attention of the U.S. Supreme Court? Probably not. Recently, the Da Silva Moore plaintiffs petitioned the Supreme Court for certiorari on the…
The Judicial Conference’s Committee on Rules of Practice and Procedure recently approved for publication proposals to amend the Federal Rules of Civil Procedure. If enacted, these proposals would significantly limit the scope of discovery – including ediscovery.
The proposals include…
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog.
Co-authored by: Ganesh Krishna
A recent case out of the Northern District of Ohio is an unsung victory for proportionality in that the Court twice declined to…
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog.
Authored by: Fernando Bohorquez
Last Friday, Twitter’s battle with the Manhattan District Attorney over a subpoena for an Occupy Wall Street protester’s tweets came to an anti-climactic end…
As we’ve discussed multiple times (see here, here, and here), the issue of what types of ediscovery costs are taxable under 28 U.S.C. § 1920 was first addressed by a federal appellate court last spring in Race…
Ok, excuse that bad joke. But the recent decision in In re: Biomet, the hip replacement multi-district litigation out of the Northern District of Indiana, is noteworthy because it discusses proportionality and predictive coding in the same space.
The mere…
After attending LegalTech New York last week, Gil Keteltas, e-Discovery litigator and editor of BakerHostetler’s Discovery Advocate blog, had the opportunity to speak with Colin O’Keefe of LXBN to share his perspective. In the brief interview, he offers his…
A recent decision out of the Northern District of Illinois serves as an important reminder to all counsel relying on e-discovery vendors. In Peerless Industries, Inc. v. Crimson AV, LLC, the defendant was found to have control over its…
Those of a certain age may recall the television show The Electric Company’s leading superhero, Letterman. He could resolve nearly any crisis by deleting, adding, or changing a letter, all while grooving to funky 70s’ music. Maybe that’s how…
