Industry Insights

eDiscovery Update: Cloud computing and lame excuses for not preserving ESI

The facts in this case clearly show that counsel were either purposely stonewalling or completely oblivious regarding the preservation and production of materials from Regardless of the reason, there are some takeaways and lessons learned.

eDiscovery Update: Gathering Tweets from a Different Place in Time

Whether they know it or not, people are crowdsourcing evidence that can be used in lawsuits or criminal cases.

eDiscovery Update: ESI: Beyond the usual suspect, rules still apply

The ESI in the spotlight were images captured and stored on a video surveillance system, and specifically, images that may have recorded the incident.

eDiscovery Update: What We Can ‘Lerner’ About ESI from the IRS

The IRS should have taken immediate action to collect the data on Lois Lerner’s laptop. Instead, her hard drive crashes and the agency shreds it.

Applying Predictive Data Analytics in Discovery | Part 1

Part 1: Series explores the application of data analytics to eDiscovery. This part dives into predictive data analytics; what it is and how it works.

eDiscovery Update: Cybersecurity, Changes to Federal Rules of Evidence

Hon. Judge Peck participated on panel on the proposed changes to the Federal Rules of Evidence; this is what he had to say…

Part 6 of 6: What Do the Proposed FRCP Amended Changes Mean for In-House Counsel?

Practitioners should be thinking NOW about how what changes the new Rules will bring about; What will you do differently? How will this change your practice—if you typically represent plaintiffs, or individuals, or whether you typically represent defendants and large organizations?

Part 3 of 6: Proportionality in discovery proposals for amendments to FRCP

Several proposed amendments seek to promote proportionality by directly amending the scope of discovery, promoting clearer responses to Rule 34, reducing the presumptive limits on the number of depositions and interrogatories, adding a limit to the number of requests for admission, and explicitly recognizing the authority to allocate expenses in discovery.