Topic
Electronically Stored Information
188 published works
eDiscovery Watch
The Basics of eDiscovery Sanctions
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…
eDiscovery Watch
Drafting ESI Protocols
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…
eDiscovery Watch
What Is ‘Good Cause’ When Seeking to Compel Otherwise Inaccessible ESI?
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…
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…
eDiscovery Bytes
ESI in the News — February 28, 2023
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…
eDiscovery Watch
Lawyers Have a Duty of Competency When Handling and Producing Electronically Stored Information
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,…
eDiscovery Watch
The Importance of Drafting and Negotiating a Proper ESI Protocol
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,…
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…
@theBar
Responding to Subpoenas Seeking Electronically Stored Information: 7 Basic Tips for Young Lawyers
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.
New York Commercial Division Practice
Updates to Commercial Division Rules Concerning Discovery of ESI
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.