Lawyering - Discovery

A federal court in Pennsylvania recently ordered a former executive to respond to costly and expansive discovery requests in a case where the former executive allegedly set up a competing business in violation of his employment agreement. Although responding to the discovery was expected to be a cos

According to a recent decision of the U.S. District Court for the District of Kansas, a party may satisfy its obligations under Rule 34 when—in response a demand for the production of documents—the party states how the party limited its search for responsive documents, but does not specifically iden

The importance of timely implementing a litigation hold cannot be overemphasized. In Bruner v. American Honda Motor Company, 2016 U.S. Dist. Lexis 62810 (S.D. Ala. May 12, 2016), the plaintiffs, who were involved in an accident involving a 2007 Honda Civic, sought potential e-mails related to airbag

By now we’re all familiar with the language recently implemented in the Federal Rules of Civil Procedure, providing employers with some protection against unreasonable demands related to ESI: “A party need not provide discovery of electronically stored information from sources that the party identif

Depositions generally involve a series of questions and answers between the deponent and counsel. At times, however, counsel may want to use the deposition as an opportunity to have the witness demonstrate a task or record physical characteristics of a witness. Conveniently, nearly all attorneys now

A common question that often arises is whether to physically collect/copy a person’s e-mail account once that person is placed on a litigation hold. Rather than copy the e-mail account, many companies will simply turn off the “auto-delete” function and issue the employee a preservation notice. By do

Well-known predictive coding expert attorney, Maura Grossman, and her husband, noted information scientist, Gordon Cormack, recently began on article in Practical Law magazine with the assertion:

Limiting a plaintiff’s pretrial discovery can be the key to defending an employment discrimination lawsuit. This point was aptly demonstrated in a federal appellate court ruling approving a district court’s denial of wide-ranging discovery and its summary judgment dismissal of an employee’s discrimi

An attorney can’t be held accountable for her client’s breach of the Rules of Professional Conduct, right?

his is part Thirteen of the continuing series on two-filter document culling. (Yes, we are going for a world record on longest law blog series.:) Document culling is very important to successful, economical document review. Please read parts one, two, three, four, five, six, seven, eight, nine, ten,

This is part Twelve of the continuing series on two-filter document culling. (Yes, we are going for a world record on longest law blog series.:) Document culling is very important to successful, economical document review.

This is part Eleven of the continuing series on two-filter document culling. (Yes, we are going for a world record on longest law blog series.:) Document culling is very important to successful, economical document review. Please read parts one, two, three, four, five, six, seven, eight, nine and te

This is part Ten of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three, four, five, six, seven, eight and nine before this one.

This is part Eight of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three, four, five, six and seven before this one.

This is part Seven of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three, four, five and six before this one.

his is part five of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three and four before this one.

This is part four of the continuing series on two-filter document culling. Please read part one and part two and part three first. Hopefully you will like this part four sequel better than Harper Lee’s sequel.

When federal agents execute a warrant for paper documents during an investigation of a company, they generally seize only the documents in the warrant and leave the rest of the physical documents behind. Where it is not practical to search on site, the law permits them to take all the records and re

This is part three of the continuing series on two-filter document culling.

What to do? When reviewing discovery provided by your adversary you stumble upon a privileged document. It happens…sometimes privileged materials fall through the cracks and into the hands of opposing counsel. Do you read it, burn it, return it? According to a recent New Jersey decision, reading an