All Things Investigations: Episode 37 – Privileges in Document Production with Mike Huneke
Sitting with the C-Suite: eDiscovery Observations – Historical Lookback to 1990s and 2000s
So you are ready to divorce...what is the process?
Sitting with the C-Suite: In-House Counsel - Leveraging Text Classification to Problem Solve
Video | Tips for Managing the Preservation of Mobile Device Data
PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
United States Magistrate Judge Sean Flynn’s recent decision in Byte Fed., Inc. v. Lux Vending LLC, is another in a long line of cases enforcing the 2015 amendments to the Federal Rules requiring specificity in objections to...more
Time to “spring” – into more eDiscovery case law! Our March 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes over in camera review of privilege logs, waiver of privilege over failing to...more
Hey there, fellow legal tech enthusiasts! It’s Cat Casey, back with another installment to help you navigate the legal tech maze. Today, we’re diving deep into the world of ESI Protocols. If you’re thinking, “ESI-what-now?”,...more
When it comes to ediscovery production, it’s absolutely advantageous to keep the end goal in mind from the outset. The duty to produce is explicitly outlined in the Federal Rules of Civil Procedure and most analogous State...more
Proportionality is now the hottest legal issue involving eDiscovery, with the largest number of eDiscovery-related cases in the past year addressing the subject. Legal and their supporting IT teams that take full advantage of...more
In this episode, partners Lindsay Bishop, Carolyn Branthoover, and Jackie Celender, along with associate John Gavin, discuss the recent oral argument heard by the Supreme Court concerning a circuit split over two consolidated...more
Preparing for the Meet and Confer - Proper preparation and documentation during the Rule 26(f) meet and confer process will greatly improve efficiency in the ediscovery phase of your litigation....more
Join our highly experienced panel to discuss the topic: Negotiation: The Scope and Form of Productions. This presentation will focus on ESI exchange protocols and how to resolve disputes before they happen. Included will be...more
In this two-part series, I interview Gordon J. Calhoun, Esq. of Lewis Brisbois Bisgaard & Smith LLP about his thoughts on the state of ediscovery within law firms today, including lessons learned and best practices to help...more
As much as we hate to admit it, your mother was right. Planning ahead, adopting proactive processes, getting your tools in order, and making sure that you have a battle-tested approach for ediscovery is the best way to...more
The proliferation of short messages falling into the scope of discovery or disclosure is unabated. These can be mobile SMS texts or instant messages from popular applications such as WhatsApp, Viber, Slack, Skype and MS...more
Defendants in US civil suits have sought to withhold discoverable material because of privacy concerns based on foreign laws, such as the GDPR. Almost all cases on the issue of US discovery and transnational privacy statutes...more
On 27 January, 2021, TransPerfect Legal Solutions (TLS) held the second day of the inaugural EU/UK Competition Regulation Virtual Conference. Day one focused on the changing regulatory landscape. Day two turned to the advent...more
This past year, Proskauer’s private fund litigation blog highlighted a Delaware Chancery case adopting an expansive view in favor of parties seeking information from companies under Section 220 of the Delaware General...more
The 2015 amendments to the FRCP elevated the importance of proportionality in ediscovery, but has it lived up to its intended purpose? Our panel of speakers will discuss the past, present, and future potential of leveraging...more
New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more
A new change to California’s Civil Discovery Act has all of the trappings of a burdensome and costly requirement for employer defendants litigating in California state court. In addition to a litany of new California...more
Effective as of January 1, 2020, all civil litigants in California will have additional discovery burdens. The California Code of Civil Procedure now requires “[a]ny documents or category of documents produced in response to...more
Recently, the frequency of stockholder demands to inspect corporate books and records pursuant to Section 220 of the Delaware General Corporation Law has increased. In turn, the case law concerning Section 220 demands is...more
The Patent Trial and Appeal Board (PTAB) recently issued an Order that illustrates the circumstances in which a party may obtain additional discovery in an inter partes review (IPR). In Apple Inc. v. Singapore Asahi Chemical...more
• The 6th Circuit Court of Appeals recently approved the use of 28 U.S.C. 1782(a) to obtain discovery in connection with a commercial arbitration proceeding occurring outside the United States. • The decision establishes a...more
The scope of discovery available in a bankruptcy case concerning a debtor's conduct, property, financial condition, and related matters is so broad that it has sometimes been likened to a permissible "fishing expedition."...more
Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources” Are you preserving all of the electronically stored information (ESI) that’s relevant to your litigation matters? What about...more
New York Bankruptcy Judge Sean Lean recently denied a Rule 2004 request because the movant sought documents for use in an unrelated litigation. In re Cambridge Analytica LLC, No. 18-11500, 2019 Bankr. LEXIS 1824 (Bankr....more
It’s surprising—or perhaps not, depending on your outlook—how often people settle for less because it’s easier. We watch a TV show we don’t especially care about instead of reading a book because we’re tired and it’s easier...more