The Legal Intelligencer | Commentary
By Kevin P. Allen | February 8, 2018
Two recent decisions from the Pennsylvania Superior Court appear inconsistent and irreconcilable with respect to a trial court's in camera review of documents subject to a claim of privilege. In one case, the Superior Court rebuked the trial court for not conducting an in camera review and suggested that in camera review by trial courts of allegedly privilege documents is required in Yocabet v. UPMC Presbyterian, 119 A.3d 1012 (Pa. Super. 2015).
The Legal Intelligencer | Commentary
By Stephen A. Miller and Rachel Collins Clarke | February 7, 2018
Most Americans carry a cellphone with them at all times. Little do they know that they are constantly transmitting information about their whereabouts to their phone service provider.
By Michael C. Zogby and Yodi S. Hailemariam, Drinker Biddle & Reath | February 7, 2018
Recent amendments to the U.S. Federal Rules of Civil Procedure might affect how you conduct discovery in Japan.
By Frank Busch | February 6, 2018
Foreign discovery in state court litigation is never easy. Depositions of non-party witnesses in other states can require a commission in another state. Depositions of non-party witnesses in other countries can require adherence to international discovery law.
The Legal Intelligencer | Commentary
By The Legal Intelligencer | February 6, 2018
In the Legal's E-Discovery supplement, read about possession, custody or control; preserving wearable data and how when it come to ethics and e-discovery, attorneys must stay current.
By Tony Reichenberger and James Sullivan, KLDiscovery | February 6, 2018
The ASU-Arkfeld eDiscovery and Digital Evidence Conference called for papers addressing the progress, challenges, and future of e-discovery, digital evidence and data analytics. Here's the winner.
The Legal Intelligencer | Commentary
By Elie Francis | February 5, 2018
Data is duplicative by nature, but the way your operation stores and manages data is likely exposing it to unnecessary and costly redundancy. Most organizations handling e-discovery today could very well have a cumulative data set that is anywhere from five to 10 times bigger than necessary.
By John A. Greenhall, Anthony L. Byler and Kathleen M. Morley | February 5, 2018
Attorneys are bound by developing ethical rules and duties relating to e-discovery. These rules and duties deserve emphasis because courts, and clients, are increasingly concerned about the manner in which attorneys conduct discovery and, particularly, e-discovery.
The Legal Intelligencer | Commentary
By David R. Cohen and Todd R. Fairman | February 5, 2018
Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?
New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | February 5, 2018
In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss 'Winfield v. City of New York', a decision which adds to the growing body of law that as long as a producing party's use of technology-assisted review tools, including predictive coding, is reasonable and proportional in the context of a matter, the mechanics of such efforts should not be open to scrutiny by an opposing party.
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