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Cavo Comments

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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 […]

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 […]

Learn to Cooperate with Opposition Counsel or the Court May Decide For You

In Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014) the court decided to step in and force cooperation because the parties were not making any progress. This is a trend that is growing, but judges don’t look favorably on parties that make their lives difficult for no real reason.   […]

Why We Have Rules of Law… and Why We Should Follow Them

Preface I would like to start off with what I hope is an obvious statement.  Lawsuits are supposed to be about the pursuit of truth through fact finding.  The Discovery process is supposed to be the exchange of these facts and lawyers are then tasked with interpreting those facts in a way most favorable to […]

Attorney Diligence and What it Means

US District Judge Anthony Trenga, will be conducting a hearing in the near future in Virginia over whether counsel for a client who spoliated data repeatedly should be held responsible for their client’s misdeeds.  One of the key questions that will be explored is the duty of attorneys to lay down the law for those […]

Social Media Can’t Continue to be Ignored in Today’s Litigation Climate

Why is it that the legal community can’t seem to come to grips with the role that social media plays in today’s eDiscovery litigation?  It certainly is not because it isn’t prevalent.  A recent Pew Study showed that 73 percent of all US adults engage in social media of some type.  Yet lawyers continue to […]

Rule 37 ‘Safe Harbor’ Implementation can be Effective in Escaping Spoliation Issues

Summary: In a large mass civil lawsuit, defendant Boehringer Ingelheim Pharmaceuticals, Inc. (BIPI) was able to avoid sanctions because the destruction of a key custodian’s emails occurred prior to the trigger and in accordance with the company’s document retention policy. Chief Judge David R. Herndon included a thorough analysis in his Case Management Order issued […]