August 29, 2017

eDiscovery and Ethical Considerations for Social Media

Social media has changed considerably over the past several years. Newer forms of media—from messaging applications to digital assistants—are raising a number of ethical and practical issues that counsel must address in litigation. As discussed in a post recently published by the Relativity Blog, one of the primary issues
August 16, 2017

Wells Fargo Breach Spotlights the Need for Discovery Competence

Civil litigation in 2017 presents any number of problems for lawyers. Beyond the usual challenge of preparing a case for trial while wrangling with litigation adversaries, counsel must now be aware of cyber security concerns and other digital age complexities. It’s no wonder that many
July 27, 2017

The Critical Role of Sampling in Discovery

One of the most important aims of the 2015 amendments to the Federal Rules of Civil Procedure was the elimination of “unnecessary or wasteful discovery.” While a worthy objective, this goal is often elusive. Counsel, clients, and even the courts often get caught up in
July 25, 2017

New Mandatory Initial Disclosures Could Radically Change Discovery

The United States Judicial Conference is piloting a new discovery program in the Northern District of Illinois (Chicago) and the District of Arizona that could force radical change on litigation procedures as well as discovery culture. Referred to as the Mandatory Initial Discovery Pilot (MIDP), the program is
July 11, 2017

Reconsidering Custodial Self-collection: Rule 902 updates coming soon

Changes to the Federal Rules of Evidence (“FRE”) coming in December of this year should lead you to reconsider how you collect data. Litigants must balance the costs, time, and hassles of self-collection on the one hand against those of using a third party, often on a case-by-case basis. Setting aside the likelihood that
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