E-Discovery

 
 
  • Little Noted SCOTUS Decision Cheers Defense Lawyers

    A little noticed Supreme Court decision from earlier this year could have a significant impact in discovery disputes, by defining an important limit on the “inherent authority” power of a judge to impose sanctions.

    • Posted 2 weeks ago
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  • Fed Court Applies U.S. Privilege To An Internal VW Investigation

    U.S. lawyers from Jones Day had conducted an internal investigation for Volkswagen as part of their representation of the company in its dealings with U.S. authorities, following the emissions scandal. Plaintiffs in a lawsuit in Germany wanted...

    • Posted 3 weeks ago
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  • Ancient Documents, Hearsay and Upcoming Changes

    Controlling the burgeoning costs of e-discovery was a prime driver behind the 2015 amendments to the Federal Rules of Civil Procedure. Under the radar during the same time period, there was activity by the Judicial Conference Advisory...

    • Posted 2 months ago
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  • Proposed Law A Game-Changer For IoT Security

    Taking a backdoor approach to a looming cybersecurity problem, legislation proposed by a bipartisan group of senators would impose significant obligations on government contractors who supply an “internet-connected device.” An analysis of the Internet of Things (IoT)...

    • Posted 2 months ago
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  • Finding An E-Discovery Smoking Gun

    In e-discovery, you never know where you’re going to find the proverbial smoking gun. It could be in a smartphone app, a cloud-hosted third-party service or a long-forgotten thumb drive. An article in Today’s General Counsel look...

    • Posted 2 months ago
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  • AI Poised to Make Big Inroads In Law

    In a world that’s increasingly characterized by automation, the legal industry is trying to figure out what it looks like to automate without sacrificing “the quality and attention to detail that’s required in sensitive legal matters,” writes...

    • Posted 3 months ago
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  • Dead Weight: How To Undo A Legal Hold

    It sounds simple but it can get complicated. One complication: overlapping holds, and “lack of clarity around what ESI is on hold and also how each hold is associated with its parent matter.” The larger problem is...

    • Posted 3 months ago
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  • Privilege Allowed For A Litigation Support Specialist

    A federal court ruled that a woman who worked under the general counsel of a collection agency as a “litigation support specialist” was protected by privilege. In a putative class action filed under the Fair Credit Reporting...

    • Posted 4 months ago
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  • How Insourcing E-Discovery Affects Law Departments And Firms

    Insourcing of e-discovery and other legal functions is more than a trend. It constitutes a major shift in the legal market. Exterro’s 2016 In-House Legal Benchmarking Report found that 77 percent of those surveyed conducted at least...

    • Posted 4 months ago
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  • Creative Places to Find a Smoking Gun

    When it comes to electronic discovery, you never know where the proverbial smoking gun might be hiding. It could be in a smartphone app, a cloud-hosted third-party service or a long-forgotten thumb drive. This article explores several...

    • Posted 4 months ago
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