Filing a motion for sanctions under Rule 37(e) requires a strong evidentiary foundation. But there's another factor that's just as critical — timing. Courts have broad discretion in how they handle sanctions, and understanding…
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/ Civil Procedure, Civil Remedies, Electronic Discovery
Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery.
In this riveting breakdown of…
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/ Civil Procedure, Electronic Discovery
If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge from…
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/ Civil Procedure, Electronic Discovery, Labor & Employment Law
Generative AI has been transforming the legal industry, assisting with everything from case law summarization to document review and legal research. But as its adoption accelerates, new legal questions are emerging: Should…
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/ Civil Procedure, Electronic Discovery, Law Practice Products & Services, Science, Computers, & Technology
Litigators, take note—Rule 26(a) is not just a box to check in the early stages of discovery. Failing to comply with its initial disclosure requirements can have disastrous and expensive consequences, as U.S. Bank recently…
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/ Civil Procedure, Electronic Discovery, Finance & Banking
For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to be…
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/ Business Torts, Civil Procedure, Electronic Discovery
Join us as we delve into the intersection of electronic discovery and cloud technology in this insightful episode. The discussion pulls apart the complexities surrounding the Stored Communications Act (SCA) and its pivotal role…
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/ Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Electronic Discovery
The way we communicate has changed dramatically in recent years, with businesses and individuals moving from traditional email to cloud-based collaboration platforms like Microsoft Teams, Slack, WhatsApp, Skype, and Telegram. As…
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/ Civil Procedure, Communications & Media Law, Electronic Discovery
The legal landscape of ediscovery continues to evolve at a breakneck pace, driven by new technology, evolving communication platforms, and increasingly sophisticated judicial expectations. The 2024 case law on discovery has been…
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/ Civil Procedure, Electronic Discovery, Law Practice Products & Services, Science, Computers, & Technology
Curious about whether legal holds are protected by privilege? You won't want to miss this week's breakdown of a landmark decision in the Federal Trade Commission versus Amazon case. We explore the intricacies of Amazon's legal…
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/ Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Electronic Discovery
The risks of self-collection in ediscovery continue to be a central theme in courts across the country. A decision from Magistrate Judge William Matthewman in the Southern District of Florida, EEOC v. M1 5100 Corp., serves as a…
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/ Civil Procedure, Electronic Discovery, Labor & Employment Law
What happens when the clock runs out on critical evidence in a high-stakes patent infringement case? Join me, Kelly Twigger, as we unravel the intricate layers of electronic discovery through the compelling Beacon Navigation v…
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/ Civil Procedure, Electronic Discovery, Intellectual Property
Seven years ago, I wrote an article about what I called the eDiscovery Disconnect—the gap between the work being done on data and the legal strategy that drives discovery. Unfortunately, not much has changed since then, but the…
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/ Civil Procedure, Electronic Discovery, Law Practice Products & Services
Effective management of discovery disputes is critical in litigation, particularly as courts enforce stricter adherence to discovery deadlines. A recent decision in Valeo Schalter und Sensoren GmbH v. NVIDIA Corp. highlights the…
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/ Civil Procedure, Electronic Discovery, Science, Computers, & Technology
In today's fast-paced litigation landscape, electronically stored information (ESI) plays a critical role in shaping legal strategies and outcomes. Among the myriad sources of ESI, text messages have emerged as a critical form…
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/ Civil Procedure, Electronic Discovery, Law Practice Products & Services
