May 13, 2019
Fatal Attraction

Fatal Attraction? Examining the Merits of Ephemeral Messaging

Mobile messaging applications are front and center today. News about the proliferating use of these applications seems to dominate headlines around the globe. Whether spotlighting their utility in advancing business objectives or ruminating over indiscretions shared through text messages, there is no getting away from the reality that messaging applications—for better or for worse—are a significant part of daily life.
April 29, 2019
Preserving Text Messages

Practical Tips for Lawyers on How to Preserve Relevant Text Messages

Text message preservation for civil litigation has never been more important. Court decisions emphasizing the importance of preserving relevant texts are seemingly issued on a weekly basis. However, beyond issuing a litigation hold, many lawyers have no idea how to undertake some of the most basic functions to ensure relevant text messages are preserved. The inability of counsel to advise clients how to keep relevant texts leaves parties vulnerable to data loss and court sanctions. This is an unfortunate result, though one that can be remedied if counsel are willing to become educated on some basic digital age functionality.
April 22, 2019
Reducing ESI Preservation Obligations with Proportionality and Metrics

Reducing ESI Preservation Obligations with Proportionality and Metrics

Proportionality is an important doctrine that is increasingly being used to reduce the burdens of preserving relevant electronically stored information (ESI). Widely accepted as a measure for balancing the benefits and burdens of production, some courts have applied proportionality standards to relieve parties from preserving certain categories of ESI.
March 19, 2019
502d Drawbacks

Addressing Possible Pitfalls from Rule 502(d) Non-Waiver Orders

We have heard it now for over ten years. Parties need the protection of a non-waiver order under Federal Rule of Evidence 502(d). Nevertheless, clients and counsel who are unaware of possible pitfalls surrounding Rule 502(d) non-waiver orders (“502(d) orders”) could find themselves assuming the cost of an adversary’s privilege review, uncertain about what evidence they can use to prepare their case, or burdened by notice and clawback procedures.
January 31, 2019
Lessons Learned for 2019: Spotlighting the Top eDiscovery Cases from 2018

Lessons Learned for 2019: Spotlighting the Top eDiscovery Cases from 2018

With the New Year upon us, it is worth looking back at some of the key eDiscovery cases from 2018 and examining the lessons they offer going forward in 2019.
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