By Victoria Hudgins | April 9, 2021
While battles for plaintiff's social media electronically stored information (ESI) are fast becoming the norm, it's an open question whether they'll have an impact beyond straining current e-discovery capabilities.
By Jacqueline Thomsen | April 7, 2021
Paxton is playing a national role in suing the Biden administration, even as he faces a lawsuit from whistleblowers who alleged corruption within the Texas Attorney General's Office.
By Dara Kam | April 7, 2021
First District Court of Appeal Judge Lori Rowe wrote that no conflict exists between Marsy's Law and a decades-old government-in-the-sunshine amendment that enshrined in the Florida Constitution some of the nation's broadest public-records laws.
By David Kalat, BRG | April 6, 2021
E-discovery may be common in today's legal world, but that certainly wasn't always the case. This month's history of cybersecurity looks back to how discovery technology was developed, and what it has to do with the Iran-Contra affair.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | April 5, 2021
As text and app messaging and online communication platforms such as Slack continue to supplement—and supplant—email communications in the workplace, parties and courts need to consider these technologies' impact on document preservation and production obligations. A recent decision provides clues on how courts may treat such electronically stored information. Christopher Boehning and Daniel J. Toal discuss the case in this edition of their Federal E-Discovery column.
The Legal Intelligencer | Commentary
By Leonard Deutchman | April 1, 2021
I will look at these privacy discussions, focusing on what in the circumstances discussed renders the IT data private and whether the criteria relied upon when courts and others in the discussion determine that the data is or is not private is truly determinative, as well as properly understood.
By Ryan Costello, ProSearch | March 31, 2021
Discovery requests implicating custodians and data outside the U.S. can potentially put organizations in a Catch-22: either fall short of their discovery obligations on the one hand or fall afoul of legislation in other nations prohibiting or limiting data collection and transfer to the U.S. on the other.
By David Meadows, FTI Technology | March 29, 2021
This checklist of controls and capabilities can help counsel pinpoint what must be implemented in order to replicate the protection of in-person oversight in a remote review setting.
By Victoria Hudgins | March 26, 2021
While financial penalties could cure the overused e-discovery court measure, improved corporate information governance might be the more realistic solution.
By Jason Grant | March 25, 2021
Counsel for Albert Wilson, a young Black man who was convicted by an all-white jury of raping a 17-year-old white girl in a case without conclusive DNA evidence, said he's "optimistic" the case will be resolved ahead of a second trial.
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