November 09, 2012 | Inside Counsel
E-discovery: For potential trial witnesses, custodian interviews should never be just about e-discoveryThe explosion of electronic communications has created an entire generation of attorneys who are focused upon electronic data analysis as the primary means of assessing their own clients claims and defenses.
By Matthew Prewitt
13 minute read
October 05, 2012 | Inside Counsel
E-discovery: Don’t allow risk management to overwhelm trial counsel during an early case assessmentThe numerous headline-grabbing sanctions awards for corporate e-discovery breaches have no doubt served a beneficial purpose by heightening in-house counsels attention to implementing an early and effective litigation hold.
By Matthew Prewitt
11 minute read
August 31, 2012 | Inside Counsel
E-discovery: The dying art of early case assessmentBefore the term was co-opted by e-discovery vendors, early case assessment was a concept that captured the essence of the trial lawyers craft.
By Matthew Prewitt
4 minute read
July 24, 2012 | Inside Counsel
E-discovery: 4 elements of an effective arbitration agreement addressing duty to preserveMany have written about the challenge of maintaining arbitration as a more efficient and less burdensome forum for dispute resolution in the era of e-discovery.
By Matthew Prewitt
9 minute read
July 10, 2012 | Inside Counsel
E-discovery: An uncertain standard for cost shifting can restore a level playing fieldIn the federal courts, the question of whether Rule 54(d) allows a prevailing party to recover as taxable costs its e-discovery expenses is a hotly contested issue, with no clear consensus yet emerging.
By Matthew Prewitt
15 minute read
June 26, 2012 | Inside Counsel
E-discovery: Consider retaining a special masterA judge lacking e-discovery experience, particularly in a forum with no local e-discovery rules or precedents, can be a difficult wildcard for both plaintiff and defendant.
By Matthew Prewitt
7 minute read
April 27, 2012 | Inside Counsel
E-discovery: Early preservation demands are key in courts with few ground rulesIn this months column, we consider how to draft a preservation demand letter that will lay the foundation for more effective motion practice against an adversary who is refusing to provide a reasonable level of transparency and cooperation.
By Matthew Prewitt
6 minute read
March 27, 2012 | Inside Counsel
E-discovery: Piercing the "veil of secrecy" in state court litigationThe veil of secrecy, unless penetrated, may prevent your companys counsel from even initiating what, in the federal courts, typically would be an extensive discussion and negotiation of both sides e-discovery obligations.
By Matthew Prewitt
12 minute read
February 24, 2012 | Inside Counsel
E-Discovery: Avoiding e-discovery offenses in state courtsThis month, we consider the pitfalls that may await a party who incorrectly assumes that the absence of established rules or precedents means that e-discovery obligations can be safely ignored.
By Matthew Prewitt
8 minute read
January 31, 2012 | Inside Counsel
E-discovery: Litigating in forums without e-discovery rulesGiven the rapid evolution of e-discovery in the federal courts, it is easy to forget that, only five years ago, the e-discovery amendments to the Federal Rules of Civil Procedure had just taken effect, and most federal district courts had not yet adopted any local rules or standing orders addressing...
By Matthew Prewitt
5 minute read
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