Topic
Electronically Stored Information
188 published works
Discovery Advocate
eDiscovery and Technology
By Nkosi Shields, Karen DeSouza
Should All States Require Continuing Technology Education (CTE)? For more than five years we have discussed the need for attorney competence in technology, especially as related to discovery in posts…
Percipient
Document Production with a Load File Error? 3 Common Fixes
Did you just receive a document production with a load file error? You are not the first and will not be the last. What are load files? Files that help…
Minding Your Business
Deceptive Discovery: Second Circuit Affirms Sanctions for Mishandling of Discoverable Data
By Tara Brailey
Late last month, in Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., the Second Circuit affirmed a $2.7 million sanctions award against defendant ePRO after repeated instances of discovery misconduct. Finding…
All About eDiscovery
A Cooperative Discovery Process Promotes Efficient Advocacy
By Katie Cole
In Youngevity Intl’s Corp. v. Smith (No: 16-cv-00704 [SD CA December 21, 2017]), defendants sought an Order pursuant to Federal Rules of Civil Procedure 26(g) and 37. The Order required…
New York Commercial Division Practice
Proposed Amendment to Commercial Division Rule 11-g Seeks to Add Clawback Language to Standard Confidentiality Order
Disclosure of Electronically Stored Information ("ESI") has become a staple in commercial cases. Of course, with the vast number of documents and ESI being reviewed and the increased complexity in the review…
Discovery Advocate
It’s the End of Authentication (of ESI) as We Know It
By Carey Busen
Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and, insofar as just, all proceedings then…
Minding Your Business
You Want to Review ESI that the Other Side has Deemed Nonresponsive? That’ll Be Extra
Have you ever thought your adversary was withholding relevant ESI from document production? Have you wanted to look at the withheld documents to show that some are indeed relevant? Well,…
All About eDiscovery
Taylor Swift and the Java-Dump: An E-Discovery Tale
By Katie Cole
Mueller v. Swift, (D. Col. 2017) 2017 WL 2362137 Some opinions just have it all, and Mueller v. Swift does not disappoint! Indeed, in this lawsuit, Taylor Swift, the pop…
All About eDiscovery
Rule 26 and How It Applies to Electronically Stored Information
By Kathryn Cole
Electronic discovery (a/k/a ediscovery and e-discovery) is the process of identifying, preserving, collecting, preparing, reviewing and producing electronically stored information (“ESI”) in the context of a legal or investigative process. …
Litigators at Work
Using Electronically Stored Information in Employment Trials
By Martin W. Aron, Mary L. Moore
In employment litigation, evidence now admitted during most trials routinely includes electronically stored information (ESI), including email communications and documents the receipt of which is often acknowledged with a mouse…