March 28, 2018

Surfing for Sanctions under Federal Rule of Civil Procedure 37(e)

After the enactment in 2015 of amended Federal Rule of Civil Procedure 37(e), sanctions for failing to preserve relevant electronically stored information (ESI) could only be considered if a preserving party “failed to take reasonable steps to preserve it.” Since that time, parties have sought to better understand how courts would interpret the phrase “reasonable steps to preserve.” A new case from the shores of one of
March 23, 2018

The eDiscovery Legacy of Judge Andrew Peck: Cooperative Advocacy and Technology

The federal judiciary recently lost one of its more talented members when United States Magistrate Judge Andrew Peck retired from the bench last month. Throughout his judicial career, Judge Peck was at the forefront on discovery practice issues. Various articles and events have celebrated the advancements his opinions made on eDiscovery law.
March 15, 2018

A New Frontier in eDiscovery Ethics: Self-Destructing Messaging Applications

One of the most watched lawsuits in recent memory involved a key ethical issue of which lawyers should be aware: the dangers of using self-destructing messaging applications. In Waymo v. Uber, tech titans Google (Waymo) and Uber waged an epic battle over the future of self-driving vehicle technology. Waymo (Google’s autonomous vehicle unit) claimed Uber stole its self-driving vehicle technology in order to develop
March 8, 2018

Prep For Success: A Roadmap For Passing Relativity Certification Exams

I recently sat for and passed the Relativity Certified Administrator exam. Getting the exam results was a huge relief, as you can imagine. I attribute the results to my general working knowledge of Relativity and method of attack when studying for the exam. While everyone has
February 22, 2018

Recent Cases Spotlight the Limitations of Discovery Sanctions

Discovery sanctions are often viewed as a litigation game-changer. They seemingly offer a way to tip the scales of justice against a sanctioned party and drive a matter toward settlement. Nevertheless, sanctions have their limitations, particularly if they are not case dispositive.
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