Coverage of products, rulings impacting how discovery is conducted, the application of and abidance with the Federal Rules of Civil Procedure, and business news
By Angela Turturro | February 4, 2018
In this Special Report: "Unrung Bells and the Quick-Peek Order," "Three Strategic Choices in E-Discovery," "Regulator Preservation Notices—Can You Narrow the Scope?," "Beyond Document Review: Meeting Other Big Data Challenges" and "Getting It Right the First Time: Avoid the Dreaded Privilege Log 'Re-Review.'"
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By Thomas G. Rohback and Brooke Oppenheimer | February 2, 2018
Grappling with the delays and discovery motions, courts have fashioned more creative discovery processes. One such mechanism is the “quick-peek” agreement. Viewed as a mechanism for parties to exchange data quickly without the fear of waiving privilege or its subject matter, courts started to consider the mandatory use of the quick-peek to streamline discovery in 2014.
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By Christine Payne and Michelle Six | February 2, 2018
Electronic discovery gets a bad rap. Most lawyers find it unappetizing, high risk, and unglamorous. This perspective, however, overlooks a key litigation opportunity: developing e-discovery strategy hand in hand with trial strategy. It's the best approach for achieving solid results for your clients.
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By Robert Lindholm and Lucie Cohen | February 2, 2018
A federal or state regulator, such as the SEC or a state attorney general, sends a company a preservation notice stating that it believes the company may possess “documents” relevant to an ongoing investigation and requests that the company “reasonably” preserve such evidence until further notice. How should the company respond?
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By Bruce Hedin and Michael Morneault | February 2, 2018
Years after Judge Andrew Peck declared it to be “black letter law” in 'Rio Tinto', technology-assisted review has finally entered the mainstream among a growing suite of technology-driven e-discovery tools. It is taking a bit longer, however, for practitioners to fully recognize that document review over large data populations is an information retrieval task.
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By Marc R. Shapiro and Kelly M. Cullen | February 2, 2018
Privilege logs are loathed by the attorneys who create them, the judges who review them, and the clients who pay for them. And the only thing worse than creating a privilege log is re-creating a privilege log. While we can't promise a pain-free process, an organized approach upfront will help avoid this judicially-mandated infliction of pain.
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By Rhys Dipshan | February 1, 2018
A Legalweek panel painted a picture of the future of legal that is more machine than human, where automation is key but the work never ends.
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By Rhys Dipshan | February 1, 2018
A Legalweek 2018 panel examined the challenges corporations face in staying ahead of a growing amount of data types and sources.
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By Max Mitchell | February 1, 2018
The high court specifically agreed to hear arguments about whether sending prelitigation emails to public relations consultants waives the work-product doctrine, and whether a third party must provide legal advice, or be acting under the control of an attorney or the client, to qualify as a privileged person.
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By Michele C.S. Lange | February 1, 2018
U.S. District Court judges reinforce e-discovery basics through a series of hypothetical scenarios during Day 2 Legalweek 2018 keynote.
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