eDiscovery document review can be time-consuming and expensive for companies. Depending on the results of the review, it also can be helpful for internal investigation or litigation purposes. To minimize the burden and maximize the benefit of document review, a
eDiscovery Watch
Blog Authors
Latest from eDiscovery Watch
Disproportionality in Discovery and Encryption
In Estate of Daher, by and through Daher v. LSH Co. (E.D. Pa. July 12, 2023), the plaintiff, seeking to recover the proceeds of a life insurance policy, served subpoenas on a nonparty (Coventry) to obtain documents related to a…
Slack and Collaborative Work Tools: The Proper Scope of Discovery of Slack Channels
Slack, the collaborative workspace designed to streamline real-time communications between business teams, poses some challenges in the eDiscovery context (see our prior blog post). This blog post discusses a recent decision that explores the proper scope of discovery regarding…
5 Trends to Watch: 2024 eDiscovery and eRetention
…
Preservation of Text Messages and Personal Devices
Facts
In Miramontes v. Peraton Inc., an employment discrimination case, plaintiff moved for sanctions against defendant for its failure to preserve text messages and a skills assessment related to plaintiff’s performance. Plaintiff – a senior supply chain business partner…
The Importance of Attorney Oversight in ESI Collection; Dangers of Client Self-Collection
In litigation, allowing a client to handle the process of collecting its electronic discovery without adequate attorney oversight of quality control validation can lead to serious trouble for all concerned. Courts throughout the country have repeatedly held that attorneys have…
Greenberg Traurig’s eDiscovery Team Wishes Our Clients and Colleagues Happy Holidays and a Happy New Year
Spoliation and the Evolution of Case Law
In Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) PLC, __ P.3d __ (Wash. Ct. App. Mar. 27, 2023), the Washington Court of Appeals, Division 1, discusses the evolution of Washington case law on spoliation of evidence and details…
Current Approaches to ‘Discovery on Discovery’ Part II
Courts have recognized the perils of discovery on discovery and have sought to regulate the practice to prevent the “danger[s] of extending the already costly and time-consuming discovery process ad infinitum.” Am. W. Bank Members, L.C., 2021 U.S. Dist. LEXIS…
Current Approaches to ‘Discovery on Discovery’ Part I
“We can’t go on together with suspicious minds”—that is the premise of “discovery on discovery.” With suspicion on the mind, a party may believe that its opponent has wrongfully withheld information, documents, or other materials in discovery, and therefore may…