January 14, 2019

Driven, Inc. Acquires Omnivere

Driven, Inc., an end-to-end eDiscovery and data management solutions provider, announces its acquisition of Omnivere. The newly-combined company offers law firms and corporate counsel one provider for software, services, consulting, and staffing across the entire data lifecycle. This includes dynamic technology and staffing solutions for information governance, eDiscovery, managed services, and managed document review.
January 9, 2019
Don't litigate without it

FRE 502(d): Don’t Litigate Without It

Litigators, do you seek a Rule 502(d) order in every Federal case? If not, why? Federal Rule of Evidence 502 (“Rule 502”), which went into effect just over ten years ago, addresses the evidentiary issues arising from the disclosure of attorney-client privilege or work product information in discovery.
December 17, 2018
privacy the new factor in proportionality analysis

“Zombie Cookies” and eDiscovery: Baking Privacy into the Proportionality Analysis

Proportionality standards have played an increasingly significant role in discovery since the enactment of the 2015 amendments to the Federal Rules of Civil Procedure (FRCP). FRCP 26(b)(1) lists six different factors, any combination of which a court may consider in determining whether the requested discovery is proportional to the needs of the case.
November 19, 2018
Utah Court Rejects TAR Process Disclosure

Utah Court Rejects Disclosure of TAR Process, Offers Insights on Transparency and Cooperation

Parties who use technology-assisted review (TAR) must decide whether and how much of their process to disclose to the other side. Another key consideration is whether they should enter into a stipulated use protocol. A new case from Utah—Entrata, Inc. v. Yardi Systems, Inc. —offers insights on these issues, particularly on the role and significance of transparency and cooperation.
October 30, 2018
Protections No Peeking

Judge Parker Reaffirms Rule 502(d) Protections, Rejects “Quick Peek” Procedure

For nearly a decade, Federal Rule of Evidence 502(d) has provided a straightforward procedure for litigants to safeguard privileged information against waiver by inadvertent disclosure. Properly drafted Rule 502(d) orders eliminate the need for a party claiming the privilege to show that a disclosure of information protected by the lawyer-client privilege or work product doctrine was “inadvertent” as a matter of law. Instead, the party simply demands that adversaries return or destroy the mistakenly produced materials.
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