January 4, 2018

Lessons Learned for 2018: Spotlighting the Top eDiscovery Cases from 2017

With the New Year upon us, it is worth looking back at some of the key eDiscovery cases from 2017 and the lessons they offer going forward in 2018.
December 28, 2017

Unfinished Business: A Wish List for New FRCP Amendments

The e-discovery amendments to the Federal Rules of Civil Procedure became effective two years ago with great expectations. And with good reason. The amendments included provisions addressing many of the pain points in discovery—for example, previously inconsistent and sometimes unfair sanctions standards for preservation failures and
December 19, 2017

Three Key Lessons from New TAR Decision Winfield v. City of New York

It’s not often that a judicial opinion provides instructive guidance on several different discovery issues. When that happens, lawyers should be particularly attentive to the court’s instructions. Such is the case with a new decision from Winfield v. City of New York. In Winfield, U.S. Magistrate Judge Katharine Parker provided direction on issues ranging from attorney work product and Sedona Principle Six to proportionality and
November 30, 2017

The “Uber” Problem with Self-Destructing Messaging Apps

One of the most significant lawsuits in the country involves a key eDiscovery issue of which counsel and clients should be aware: the dangers of using self-destructing messaging applications. The litigation in question – Waymo v. Uber – involves tech titans Google (Waymo) and Uber, which are
November 28, 2017

The GDPR: Five Changes to EU Data Protection Law You Need to Know

A significant legal enactment is taking place in Europe that will have far reaching consequences on the litigation and information governance practices of U.S. organizations. On May 25, 2018, the General Data Protection Regulation (GDPR) will take effect and
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