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Recent Blog Posts
April 27, 2021
The rising growth of cloud-based storage and communication tools has led users to increasingly share messages with hyperlinks to documents stored in online repositories. The corresponding impact of this trend is that these communications, together with the linked documents, are increasingly sought as evidence in litigation. However, there are complexities with collecting and producing linked documents that may lead to motion practice and delays if parties do not establish a process for handling this information at the outset of discovery.
March 29, 2021
Litigants and courts are always on the lookout for ways to expedite the disposition of litigation. One of the most cost-effective methods for doing so is engaging a special master to help manage discovery.
February 8, 2021
Discovery issues associated with Slack data have typically focused on responding parties. However, a recent court order rejecting production of Slack communications should be cause for concern among requesting parties. In Laub v. Horbaczewski, the court held that relevant Slack messages were not reasonably accessible and beyond the responding party’s possession, custody, or control. The holding from Laub—which lacks supporting analysis, pertinent legal authority, and a fulsome understanding of the Slack “Standard Export” process—could be problematic on multiple levels for requesting parties if followed by other courts on Slack discovery issues.
