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Judges have heard every justification imaginable, so perhaps that is why when it comes to failing to produce evidence, especially evidence covered in discovery orders, judges are not amused with creative explanations or convoluted excuses. And yet, motions and orders dealing with failure to produce or other eDiscovery oopsies continue to show up in court [...]
In Southern Pine Credit Un. v. Southwest Marine & Gen’l. Ins. Co., et al., 2024 WL 1361891 (M.D. Ga. Mar. 29, 2024), the court addressed the amount of detail that must be in a privilege log. Southern Pine brought a breach of contract action after its claim on a dishonesty bond was denied. There were [...]
The investigation portion of lawsuits involves both parties asking each other for information. Electronic discovery or eDiscovery is the process of electronically identifying, collecting, preserving, reviewing, and producing electronically stored information (ESI) for legal proceedings or investigations. This discovery process is part of all civil cases and aims to find admissible evidence in a civil [...]
Part 3. When it comes to managing FOIA (Freedom of Information Act) and similar public records requests, resourcing your team effectively is crucial. Even with a small team, you can achieve a lot by appointing an expert internally and implementing a few key strategies. Begin by identifying which departments receive the most FOIA requests. Assign [...]
The number of public records requests filed each year is on the rise, presenting a significant challenge for government agencies. One of the core obstacles faced by these agencies is the tight timing constraints imposed by laws governing these requests. Failure to meet these deadlines can result in severe consequences. To effectively manage these requests, [...]
In the blur of activity that was last week, I attended two legal tech conferences, plus an adjacent legal technology summit. After starting the week in New York at the glitzy celebration of big law tech that is Legalweek, and ending it in Charlotte, N.C., at the Legal Services Corporation’s Innovations in Technology Conference devoted [...]
eDiscovery is the unsung hero of the modern legal saga. In today’s tech-packed world, the legal game is getting a makeover, and the star of the show is eDiscovery. As the digital data floodgates burst open, legal pros are realizing the need to hop on the eDiscovery train to make legal processes smoother. Let’s dive [...]
In litigation, allowing a client to handle the process of collecting its electronic discovery without adequate attorney oversight of quality control validation can lead to serious trouble for all concerned. Courts throughout the country have repeatedly held that attorneys have professional and ethical duties to ensure the adequacy of their clients’ actions in identifying, preserving, [...]
Collaboration tools like Microsoft Teams and Slack are sources of information that often contain highly relevant communications important to any investigation or litigation. Many companies today are adopting these tools as their primary source of internal communication and collaboration. Because many companies have embraced these collaboration tools, so must the litigator when attempting to reconstruct [...]
In the evolving world of e-discovery, the latest entrant is generative artificial intelligence (Gen AI), reshaping traditional practices and challenging established norms. As e-discovery professionals have adapted to changes from email to collaboration platforms, Gen AI presents new complexities, particularly in custodian identification and evidence authentication. The Evolving Role of Custodians in E-Discovery Traditionally, e-discovery [...]
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