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Electronically Stored Information

188 published works

  1. eDiscovery Watch

    The Basics of eDiscovery Sanctions

    By Kathryn C. Cole

    The Court’s statutory and inherent authority to impose sanctions for eDiscovery spoliation remains important for the administration of justice and judicial case management. However, sanctions a court imposes to remediate…

  2. eDiscovery Watch

    Drafting ESI Protocols

    By Kathryn C. Cole

    Discovery protocols governing the production of electronically stored information ("ESI") in litigation ("ESI Protocols") can be invaluable.  Rather than execute a formulaic ESI Protocol, counsel should familiarize themselves with their…

  3. eDiscovery Watch

    What Is ‘Good Cause’ When Seeking to Compel Otherwise Inaccessible ESI?

    By Kathryn C. Cole

    In Jim Hawk Truck-Trailers of Sioux Falls, Inc. v Crossroads Trailer Sales & Service, Inc., et al., Judge Schreier provides a useful roadmap for navigating electronically stored information (ESI) when…

  4. eDiscovery Today Blog

    Professional Golfers in Control of ESI Possessed by Their Agents, Court Rules: eDiscovery Case Law

    By Doug Austin

    In Mickelson v. PGA Tour, Inc., California Magistrate Judge Susan van Keulen ruled that custodial ESI (email and device-level data) in the actual possession of the agents of professional golfers…

  5. eDiscovery Bytes

    ESI in the News — February 28, 2023

    By EDiscovery Assistant

    Welcome to ESI in the News, a new segment from eDiscovery Assistant that alerts you to happenings involving ESI. Each week’s update will include a list of what’s come up…

  6. eDiscovery Watch

    Lawyers Have a Duty of Competency When Handling and Producing Electronically Stored Information

    By Kathryn C. Cole

    Blankenship v. Fox News Network, LLC, Civil Action No. 2:19-cv-00236, at *2 (S.D.W. Va. June 14, 2021) serves as a lesson in how not to conduct discovery.  In this matter,…

  7. eDiscovery Watch

    The Importance of Drafting and Negotiating a Proper ESI Protocol

    By Kathryn C. Cole

    In In re Actos Antitrust Litigation, No. 1:13-cv-09244 (RA) (SDA), --- F.R.D. ----, 2022 WL 949798 (S.D.N.Y. March 30, 2022), Defendant produced responsive emails using “threading,” to reduce volume. Plaintiff,…

  8. Commercial Litigation Update

    What to Do When Your Employer Sends You a Litigation Hold Notice

    By Thomas Kane, Lauren Brophy Cooper

    While monitoring your work email, you receive a message that puts a pit in your stomach. Your company’s General Counsel has sent you a “Litigation Hold Notice,” advising you that…

  9. @theBar

    Responding to Subpoenas Seeking Electronically Stored Information: 7 Basic Tips for Young Lawyers

    By Young Lawyers Section

    Authored by: Jake Berger This article originally appeared in the March/April 2022 publication of the CBA Record. Click here to read the entire article.

  10. New York Commercial Division Practice

    Updates to Commercial Division Rules Concerning Discovery of ESI

    By Peter J. Sluka

    On March 7, 2022, Chief Administrative Judge Lawrence K. Marks signed administrative order amending the commercial division rules to modernize and streamline the rules concerning ESI.