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Discovery Advocate Blog

Articles: 1-10 of 33

eDiscovery and Technology

USA - May 3 2018 For more than five years we have discussed the need for attorney competence in technology, especially as related to discovery in posts like this one…

What the Working Party might be Thinking about Discovery - WP 261 Derogations to the GDPR

European Union, USA - April 23 2018 On Feb. 6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of…

What Judges are really saying about Technology Assisted Review

USA - April 6 2018 Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012

Social Media Privacy Settings May Not Protect Your Information From Discovery

USA - March 15 2018 Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are…

What Controls: The Location of the Data or the Location of the Searches for the Data?

USA - March 1 2018 The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose…

E-Discovery and Cryptocurrencies - What you need to know

USA - February 8 2018 As cryptocurrencies become adopted and accepted by mainstream vendors and consumers, it’s a good idea…

Perfection Not Required in Technology Assisted Review, but Transparency Might Be

USA - February 5 2018 A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review…

Why Aren’t You Using FRE 502(d)

USA - December 18 2017 In 2008, Federal Rule of Evidence 502(d) was signed and enacted into law by Congress to minimize the cost of civil litigation, particularly in matters…

It’s the End of Authentication (of ESI) as We Know It

USA - November 29 2017 Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and…

Cost Shifting Ordered Due to Inadequate Meet and Confer

USA - July 26 2017 Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the…