I am often asked by clients and subscribers to the blog, What is E-discovery?  And so, this week’s post is intended to respond to that question.

E-discovery is the abbreviated term for electronic discovery and refers to the process in which electronic data (as compared to paper or object information) is sought, located, secured, reviewed

Whether we like it or not, a reality of today’s world is that often important business is conducted by text messages. And so, when it is time to issue a litigation hold notice, you must include an instruction to preserve text messages as well as the devices from which they are sent/received (i.e., smartphones).  Your

The role of electronically stored information (“ESI”) and new technologies has grown tremendously in recent years.  This growth has a direct impact on discovery specifically, and the practice of law, generally.   And so, the new practical reality is that attorneys need to be technologically literate and competent.  This should come as no surprise to those

Often viewed as a necessary evil, the Rule 26(f) conference can serve as an invaluable opportunity to meaningfully discuss discovery such that the process is streamlined and seeks to avoid unnecessary (and often costly) disputes.   Generally speaking, Rule 26(f), among other things, sets the deadline for the conference as soon as practicable and at least

Imagine if the above emojis, casually fired off in a text message (or in an Instagram or Facebook post) to a friend or colleague, could be used against you as evidence of workplace harassment?

Or if another combination of cartoon-like representations of emotions could be used as proof of defamation?

Or if inclusion of a