May 4, 2020
Organizations are increasingly using workplace collaboration tools like Microsoft Teams and Slack. With the proliferation of these tools, litigants are now seeking relevant collaboration tool messages in discovery. Over the past year, several courts have issued orders addressing preservation and production obligations for relevant content from those tools. The cases are instructive on how organizations should structure the use and configuration of retention settings for those tools as part of their information governance strategy.
April 28, 2020
Discovery challenges in 2020 seem to be increasing rather than decreasing. Indeed, the proliferation of ephemeral messaging apps and workplace collaboration tools spotlight just a few of the complexities surrounding eDiscovery confronting organizations today. Against this backdrop, it’s a relief to know there are experts in the field of eDiscovery who can help clients navigate these troubles. One of the leading in-house experts on these issues is Amy Sellars. Amy, who serves as the assistant general counsel and director of eDiscovery for Cardinal Health, is a seasoned eDiscovery practitioner who specializes in advising Fortune 500 companies on eDiscovery and related legal issues.
April 9, 2020
Federal Rule of Evidence 502 (“Rule 502”) addresses the evidentiary issues arising from the disclosure of attorney-client privilege or work product information in discovery, inadvertent or otherwise. Litigators are urged to include obtain a Rule 502(d) non-waiver order in all federal court litigation and comparable non-waiver orders in state court matters. As we have previously noted, a simple and properly drafted Rule 502(d) Order can provide producing parties with significant, material protection against privilege waiver in the instant proceeding as well as in any other federal or state proceeding. While more and more litigants have heeded this advice, the recent matter of RTC Industries. v. Fasteners for Retail demonstrates the importance of properly drafting of a Rule 502(d) order, particularly in patent infringement matters wherein one or more parties may be considering relying on an “advice of counsel” defense.
April 3, 2020
Slack is a popular cloud-based team collaboration and messaging platform used by a wide variety of organizations. Similar to other workplace messaging platforms that have grown in popularity, Slack remains largely unknown to many lawyers and judges. Nevertheless, Slack contains business communications, documents, graphics, and other information that may be subject to discovery. A lack of knowledge about Slack can lead to complications with fulfilling preservation, collection, and production discovery obligations.