Somewhere in the back of your mind you are aware that discovery and Motions for Summary Judgment deadlines are looming.
Think Fast—but Not Too Fast: Privilege Waived for Failure to Take Reasonable Steps to Prevent Disclosure
In this case, the court found that privilege was waived where First Technology Capital, Inc. (“FTC”*), through counsel, failed to take reasonable steps to prevent the inadvertent disclosure of privileged materials.
Spoliation has become a potent litigation weapon in today’s world of electronically stored information. Last week’s NY Appellate Division decision in Pegasus Aviation I v. Varig Logistica S.A.
ABA Says That Attorneys May Investigate Jurors’ Social Media Presence, Even if Automatic Notifications Are Generated
The American Bar Association’s Standing Committee on Ethics and Professional Responsibility recently weighed in on the ethical parameters of attorneys’ investigation of jurors’ social media presence.
Are communications between attorneys and their retained experts discoverable? For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a bright-line rule denying discovery of communications between attorneys and expert witnesses.”
In a recent decision, the New Jersey Appellate Division held that a trial court’s adverse inference instruction for e-discovery misconduct was an unreasonably harsh penalty where the electronically stored information (ESI) was eventually produced.
Court Rejects Unilateral Decision to Apply Predictive Coding to Keyword Search Hits, Orders Production of All Hits Pursuant to Clawback Order As Stipulated
In this case, the parties agreed upon an e-discovery protocol which was memorialized in a court order.
Exploration of Sophisticated Cloud Computing Abilities Unnecessary When Responding to Discovery Demands
A new decision out of the District of New Jersey holds that a company need not utilize its cloud-based comprehensive document search tools absent evidence that its standard custodian-based approach to data collection was deficient.
Rule Amendments Update: Advisory Committee Approves Proposed Changes, but Not Before Rewriting Rule 37(e)
Like many, we’ve been following closely the process to amend the Federal Rules of Civil Procedure.
Court Orders Forensic Examination for Inadequate Preservation & Collection, Confirms “Basic Rule” That Custodians Must Be Consulted for Input On Search Terms
In this pair of opinions, the court addressed the obligations of client and counsel with regard to the preservation and collection of electronically stored information and the obligation of counsel to obtain input from relevant custodians when crafting search terms.