Ephemeral messaging applications are considered solutions for data protection and privacy concerns (Blink, And I’m Gone: E-Discovery Challenges and Considerations With Ephemeral Messaging). However, courts are wary of ephemeral messaging applications given they can empower a litigant to avoid discovery obligations. A recent decision from the District Court for the District of Arizona, details the consequences of using
Continue Reading Court Sends Signal to Parties Who Spoliated Documents Using Ephemeral Messages
Court Reminds Parties That Discovery Orders Are Not a Hoax
For some, discovery is merely a necessary evil in the litigation process. And so, it should come as no surprise that the discovery process is often ripe with gamesmanship. A recent decision reminds practitioners, however, that discovery is meant to be cooperative, and gamesmanship – especially repetitive and intentional gamesmanship – may be met with “death penalty sanctions” (Heslin
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Cheat Sheet for Effective Search Terms
A prior post (Keyword Searching – What is it? And How Do I Do It (Well)?) offered some tips for crafting effective search terms for use in the e-discovery process. Although those tips still hold true, today’s blog offers ways to utilize an ESI protocol to promote a more seamless electronic search process.*
An ESI protocol is
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Cooperation and Collaboration in E-Discovery is Still the TARget
My February 17th blog, “Judges Make the Case for TAR” discussed the widespread acceptance by federal courts of technology assisted review (“TAR”), which is acknowledged as cost effective, efficient, and likely superior to the tried and true keyword searching methodology. Continuing with the theme of TAR, the District Court of New Jersey recently addressed the critical importance of
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Blink, And I’m Gone: E-Discovery Challenges and Considerations With Ephemeral Messaging
There is an ever-increasing volume of data generated by businesses. In an effort to reduce storage costs and ameliorate privacy concerns, companies have embraced ephemeral, or self-destructing messaging. And, while ephemeral messaging may solve one set of problems, it has the potential to create preservation issues when legal matters arise.
Recently, the Sedona Conference released the “Commentary on Ephemeral
Continue Reading Blink, And I’m Gone: E-Discovery Challenges and Considerations With Ephemeral Messaging
Is Your Zoom-Bombed Meeting Discoverable?
As the pandemic continues and businesses adapt to the realities of virtual workforces, the “Zoom-Bombing” pranks housemates played on one another are a thing of the past.* Rather, we now must confront the discovery implications this virtual shift presents. For example, the increased use of virtual platforms, replete with recording features, may expose a litigant to discovery obligations beyond
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The Costs of E-Discovery and What May be Recoverable Under 28 U.S.C. § 1920
Pursuant to 28 U.S.C. § 1920, a prevailing party may have a right to recover certain costs associated with the litigation. Many prevailing parties seek to recoup costs attendant to e-discovery, given the expense associated with collecting, processing and producing electronically stored information (“ESI”). However, most federal courts confronting the issue have determined that e-discovery costs are recoverable only in
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Federal Court Denies Request for Wholesale Disclosure of Text Messages
A recent federal district court decision, Lawson et al. v Love’s Travel Stops & Country Stores, Inc., US Dist Ct, MD Pa, 1:17-CV-1266, Carlson, J., 2019, reminds litigants of the need to tailor discovery requests for electronically stored information (“ESI”).
Before the Court was plaintiffs’ motion to compel defendants’ production of “all” text messages on approximately 100 company-owned
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The Foreign Language of E-Discovery
Have you ever been involved in a meet and confer regarding electronically stored information and felt your adversary was speaking a foreign language? Is active machine learning an unfamiliar concept to you? Is BYOD an acronym for who-knows-what?
If you answered yes to any of the above, or if you lack fluency in the language of e-discovery and digital information
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Much Ado About Metadata?
Anyone reading this blog has likely heard about metadata and its potential role in a litigation (See, “Never Agree to Do Something Your Client Cannot Do;” “The Perils of Self-Collection;” and “A Lawyer’s Obligation to be Technologically Competent – Part 4”). But we must remember that if metadata is an integral part
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