March 22, 2017

Social Messaging Applications Herald a New Era of Discovery Challenges

Discovery of social networking content has traditionally focused on social media platforms. This means requesting parties have sought to obtain and responding parties have attempted to preserve and produce relevant posts and messages from
February 8, 2017

Personal Cloud Applications Continue to Imperil Company Trade Secrets

An increasingly prevalent trend throughout corporate America is employee use of personal cloud applications in the workplace. This is not surprising since personal cloud applications like Dropbox and Google Drive have tremendous functionality. They simplify data sharing and
January 24, 2017

Breakdowns and Tune-Ups: Getting the Litigation Hold Process Right

When Volkswagen pleaded guilty this month to obstruction of justice charges stemming from its use of emissions “defeat devices,” legal counsel for the automobile manufacturer probably started to take inventory on what it might have done differently to have avoided such a fate. While that list likely included any
January 17, 2017

Amazon’s Alexa and Apple’s Siri: the New Star Witnesses in Discovery?

There are parts of our lives we assume are completely private, hidden from the world. We believe there is no record of these things, or that whatever exists could not be accessed by others. But how much of our lives is
January 11, 2017

Lessons Learned for 2017: Spotlighting the Top eDiscovery Cases from 2016

With the New Year upon us, it is worth reflecting on some of the key eDiscovery cases from 2016 and the lessons they offer for reducing the costs and risks of discovery. These cases also spotlight the expectations that courts will likely have for