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Cavo Comments

Cavo eD is proud to provide leading analysis from our in house experts on topical cases, industry practices and new technologies for your use.
We also link to a variety of other thought leaders in the field to further provide important information.

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 […]

Relevance Not Enough under Amended Federal Rules of Civil Procedure – Implementation of 26(b)

In Noble Roman’s, Inc. v. Hattenhauer Distrib. Co., No. 1:14-cv-01734-WTL-DML, 2016 WL 1162553 (S.D. Ind. Mar. 24, 2016), the court recently ruled that relying solely on relevance was not enough to force Plaintiff to turn over request information.  The Plaintiff’s motion for a protection order was granted and the Defendant is prohibited from obtaining the […]

FRCP New Rules Update Rule 26(b)(1)

As part of my ongoing coverage of the recently amended Federal Rules of Civil Procedure (FRCP) and their impact on the practice of eDiscovery, a recent ruling should be of interest to all those involved in the practice of eDiscovery.  Amendments to FRCP 26(b)(1) focuses on the reasonable limits that can and should be placed […]

Without Safe Harbor, How Does eDiscovery Proceed?

The Safe Harbor ruling on October 6, 2015 is having a profound effect on international eDiscovery.  Data transfers that were once routine have become far more complex given the issues surrounding protection of personal data.  New procedures have not yet been fully adopted, and anyone involved in EU litigation needs to stay apprised of the […]

The 2015 Amendments to the Federal Rules of Civil Procedure are Real and Being Enforced

There has been a lot of coverage regarding the amendments to the Rules of Federal Civil Procedure that were activated on December 15, 2015.  However, people often times don’t bother to read and understand what the changes mean to the day to day practice of law.  The recent case of Nuvasive, Inc. v. Madsen Med. […]

An eDiscovery Best Practices Lesson: Specify Desired Data Format in the First Request for Production

The plaintiff sent discovery requests in Allison v. Clos-ette Too, LLC, No: 14 CV 1618 (LAK)(JCF) (S.D.N.Y. Jan. 9, 2015) without specifying the preferred document format.  The problem was further exacerbated by the fact that no objection was raised at any point in the rolling production to the delivery of non-native format data. After Defendant’s […]

Are Text Messages the Next Major Source of eDiscovery Material?

We have talked in the past about the issues surrounding Bring Your Own Devices (BYOD),  from a technical  control point of view, but it now appears more likely than ever that those “private” text messages that we all thought would never see the light of day, are in fact going to be requested more and […]

Discovery on Discovery – The Current Standards According to the Southern District of New York

I try to stay abreast of important rulings as they occur, but this one slipped under my radar.  Nonetheless, I think it is worthwhile to review since it is really a fundamental issue that should be handled during the Meet and Confer.  Since that was part of a topic during a recent webinar we conducted […]