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eDiscovery Trends That Will Likely Impact Corporate Counsel in 2017 – You Need to be In-The-Know

Corporate Counsel need to be more involved in all facets of litigation involving their enterprise.  It is no longer enough to hire outside counsel and assume that they will take care of all your litigation needs.  With the recent amendments to the Federal Rules of Civil Procedure (FRCP) in 2016, there are major changes that […]

Categorical Privilege Logs May Be Inadequate, Court Orders Plaintiff to Provide a Metadata Log

Summary South Carolina District Judge J. Michelle Childs recently ruled that a plaintiff’s Categorical Privilege Log was inadequate and ordered the plaintiff to supply a new log that contained metadata about each document.  In   Companion Property and Casualty Insurance Company v. U.S. Bank N.A. et al, No. 15-01300 (D. S.C., Nov 3, 2016 , the […]

Defensible eDiscovery Should be Planned and Executed with Clear Defensible Strategies Before You Begin the Process

In September of 2016, the Sedona Conference released Commentary on Defense of Process: Principles and Guidelines for Developing and Implementing a Sound E-Discovery Process, for public comment.  The purpose of the commentary, defensible ediscovery,  is to set forth general guidance to help parties and the courts deal with the growing complexity of eDiscovery.  The goal […]

Are Privilege Logs Really Unsettled Law in 2016?

      Given that it is 2016, I would have thought the issues surrounding the provision of privilege logs during discovery would have been long settled.  I once participated in a litigation matter that had a privilege log with tens of thousands of documents listed on it that was created by hand.  Needless to […]

Why is eDiscovery Competence Important?…Because you Might be Sanctioned, Heavily

  Intro I firmly believe that if you don’t have a particular expertise needed to do your job correctly, that it is better to find someone that does, rather than try to learn on the fly.  The most successful people that I know surround themselves with people that have expertise that they don’t possess.  This […]

What Makes a “Successful” Meet and Confer– Rule 26(f)

    Everyone involved in discovery has read the FRCP at least once, but the question is how much of the detail has driven decisions that get made every day by litigators? Rule 26(f) of the Federal Rules of Civil Procedure requires attorneys to participate in a conference to discuss, among other things, a discovery […]

No, There is No Legal Requirement that You Read Every Document

Intro There are still many lawyers who believe that they are not doing their job if they don’t read every email, document, spreadsheet, video and all other ESI that gets produced during discovery.  In fact, the opposite is true.  Courts are pushing the idea that you need to use technology to help you get to […]

What is Needed to Make eDiscovery Work in Your Favor? Skills and Principles to Consider

As a non-attorney in a field dominated by lawyers, I have had to work extra hard to have a voice in the legal industry.  An early focus on discovery rules and principles that was then adapted to the “new” field of eDiscovery has provided me with a level of expertise that allows me to speak […]

eDiscovery is Just Like any Other Business Process: It Needs to be Managed, Measured, and Optimized

        This is a second in a series of blog presentations about the need to apply business principles, particularly Business Process Management to eDiscovery Processes (Click here for related article).  Again the legal profession appears to be somewhat late to the party recognizing the need for and defining the linkage between people, […]

Daubert Expert Motions – Best Practices Should be followed to be Successful

Intro Challenging an expert witness is not like challenging a general witness. There are complicated rules outlined under Federal Rules of Evidence 702 and 703 that govern this procedure.   The procedure for Daubert motions resulted from the 1993 Supreme Court case, Daubert v. Merrell Dow Pharms., 509 U.S. 579 (U.S. 1993).  Assuming that your motion […]