Articles
Putting Yourself Out There: A Networking Guide for Introverts
For introverts, professional networking is often exhausting and overwhelming, but following these tips can help gain the benefits of building a professional network without being too drained to focus on other aspects of your career
Talking it Out: Effective Communication in the Legal Workplace
Effective workplace communication is important to minimize the risks of misunderstanding and inefficiency – especially in a legal workplace, but making good communication a habit takes time and effort
A Signal in the Noise: Discovery of Signal Communications
When thinking through potential sources of relevant ESI for litigation, investigation, or compliance, it’s important to start considering Signal and to be prepared for its unique challenges
Struggling to Hire and Retain Top Talent? Consider An Employee Career Mapping Program
The current struggle to hire and retain talent is real, but soft perks like a “career mapping” program can be effective ways to retain current employees and attract top talent
Agile for Legal: Becoming a Lean Legal Operations Machine
Agile management methodologies, long popular in software development and other industries, are finding purchase in a legal industry seeking increased efficacy and efficiency.
How to Drive Diversity in the Legal Industry
Despite the legal industry’s efforts to increase diversity, it still lags behind many other professions. How can we help to change this norm and support diversity efforts?
A Lawyer’s Guide to Ephemeral Messaging
Ephemeral messaging has become a fixture of an increasing number of workplaces. To address this reality, the Sedona Conference has released new guidance on navigating this thorny legal terrain.
eDiscovery Deep Dive: 6 Key Questions for Opposing Party Productions
You’re an eDiscovery practitioner and opposing counsel has just delivered a production – now what? It’s important to ask a few key questions to get your arms around the dataset.
5 Ways to Create a Culture of Compliance and Security Excellence
Fostering a culture of compliance with strong security mandates, sets a standard for employees, customers and vendors to follow that becomes a part of everyday corporate life.
The Internet of Things (IoT) and Litigation
The legal profession is still catching up with the ever-growing profusion of “internet of things” data, such as that collected by digital assistants and smart home devices.
The Sedona Conference Commentary on The Effective Use of Federal Rule of Evidence 502(d) Orders
A new Sedona Conference Commentary encourages more use of Rule 502(d) orders, which remain underutilized, despite their potential to reduce privilege waiver risk and review cost
Cloud Security & eDiscovery: Separating Myth, Fact, & Marketing Fluff
Cloud computing is often touted as a cure-all for the woes of mounting ESI costs. When considering cloud computing for a business process like eDiscovery, certain considerations apply.
Ephemeral Messaging, FCPA, & the DOJ: Three Things Lawyers & Compliance Officers Need to Know
The DOJ’s evolution on this subject means it’s no longer acceptable to claim ignorance. Savvy lawyers, compliance officers, and auditors must ensure their organizations have policies in place.
Electronic Discovery Vendor Selection: 4 Questions with a Veteran Lawyer
Most legal teams today are being asked to do more with less. How should a savvy legal team evaluate legal service providers to find an effective, efficient partner?
Negotiating eDiscovery Protocols
Flexibility is key in negotiating eDiscovery protocols. Savvy legal practitioners should adopt an iterative and collaborative approach.
Chinese Social Media Apps & International eDiscovery
With TikTok in the news in Hong Kong, mainland China, and the US, lawyers must understand what they need to know when doing business across borders
Hong Kong’s National Security Law: What Does It Mean for Legal Teams?
The Hong Kong national security law will affect organizations’ ability to do business in the region, but how much and in what ways?
What You Should Know About Singapore’s New Stricter Data Privacy Laws
Singapore’s Personal Data Protection Commission has updated data privacy & protections legislation, including data breach notifications and criminal penalties
When the Needles Aren’t in the Haystack: Off-Channel Communications
Never have there been so many communication devices, apps, and services available for use by employees, and employees helping themselves to these options can create significant identification, preservation, and collection challenges
In Case You Missed It: eDiscovery and Education in 2022
From questions of intent, to challenging sources, to privacy concerns, 2022 has been another year of adaptation and evolution in eDiscovery
Emoji in eDiscovery: Technical and Interpretive Challenges
As mobile sources, collaboration tools, and other messaging services have rapidly increased in number and importance, practitioners have begun to wrestle with emoji in eDiscovery
How Should Productions of Mobile Device Messages Be Formatted?
As mobile device sources have rapidly increased in number and importance, practitioners are struggling more often with the question of what format to use for such productions
Can Cyber Breach Investigation Reports Be Protected Work Product?
In the recent cases of In re Capital One and Wengui, courts consider whether and when a cybersecurity vendor’s breach investigation report can be protected work product
Between a Clock and a Hard Place: eDiscovery for Second Requests
Although the available ESI and eDiscovery tools are the same, handling eDiscovery for DOJ or FTC second requests can be an especially difficult challenge
Another Case Discussing Discovery from Slack
Another court makes clear that relevant Slack messages are discoverable and, with the right tools and limits, not unduly burdensome or disproportional
Pursuit of Overbroad Discovery Leads to Cost-Shifting of Almost $850,000
A Magistrate Judge shifted almost $850,000 in discovery expenses in a decision that “may become the new ‘gold standard’” for discovery cost-shifting analysis.
Social Media Screenshots No Substitute for Spoliated Native Files
A United States District Judge finds screenshots of social media messages an inadequate substitute for spoliated native files and excludes all related evidence and testimony
The Second Circuit Considers a $2.7 Million Discovery Sanction in a $20,000 Case
In Klipsch Group v. ePRO, the Second Circuit demonstrated that sanctions for discovery misconduct must be proportional to the misconduct’s impact rather than the value of the case
New York State’s Highest Court Considers Discovery of Private Facebook Materials
In Forman v. Henkin, the New York State Court of Appeals weighed in on the discoverability of private Facebook photos and messages
Facebook Accounts Revealed as Potential Source for Android Call and Message Logs
Facebook’s gathering and handling of information about its users led, for a time, to them gathering more ESI than users realized from Android smartphones.
Two More Decisions on Proportionality in Discovery
In Firefighters’ Retirement System v. Citco Group Limited and Nece v. Quicken Loans, Inc., courts considered when requested discovery is disproportionate under FRCP 26.
Substantial Spoliation Leads to Significant Sanctions
In WeRide v. Huang, substantial spoliation of electronically-stored information lead to an inference of intentionality and significant sanctions under FRCP 37(e)
Can a Party Compel Another Party’s Use of TAR?
In the case of In re Mercedes-Benz Emissions Litigation, a Special Master reaffirmed the right of producing parties to choose their methods – but not without validation
Are Parties Obligated to Obtain Translations for Production?
In NY Machinery v. The Korean Cleaners Monthly, a U.S. Magistrate Judge wrestled with parties’ obligations regarding foreign-language documents in discovery
The Supreme Court Weighs in on Inherent Authority for Discovery Sanctions
In Goodyear v. Haeger, the Supreme Court weighed in on the limits of inherent authority to award fees and costs as sanctions for discovery misconduct