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Kilpatrick Townsend & Stockton LLP | USA | 20 Aug 2019

Information Governance and its Role in E-Discovery

The Electronic Discovery Reference Model (“EDRM”) commences with the Information Governance (“IG”) stage (see the image below). While the term sounds…
Article
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Kilpatrick Townsend & Stockton LLP | USA | 16 May 2019

My My, What Big Claws You Have! Navigating the Pitfalls of Drafting Clawback Agreements

One of the greatest fears in any litigation matter is that you will somehow accidentally produce work product or attorney-client privileged documents…
Article
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Kilpatrick Townsend & Stockton LLP | USA | 23 Apr 2019

It’s Purple Raining Sanctions: Litigation Regarding Prince’s Estate Provides Framework for Determining When Sanctions Apply Under FRCP Rule 37(e)

You may have read my colleague Starling Underwood’s post on two recent Second Circuit decisions discussing sanctions for spoliation. If you have not…
Commentary
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Matheson | Ireland | 26 Mar 2019

Discovery process reaches crisis point: Supreme Court to consider reform

Businesses with experience litigating in Ireland will be familiar with the discovery process and the onerous obligation to disclose all relevant documents which are in their power, possession or procurement. In an age when the volume of electronically stored information continues to increase exponentially, the costs and time involved in complying with discovery orders can often be......
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Phillips Lytle LLP | USA | 27 Feb 2019

The Employer’s Duty to Preserve Employee Cellular Phone Data

With the proliferation and technological advances of cellular phones, the role of these devices in the workplace has evolved at a rapid pace. While…
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Wilson Elser | USA | 11 Feb 2019

From the Perspective of the Bench: Discovery Cooperation & Proportionality in Complex Products Litigation

Last week I had the honor of moderating the main-stage judges’ panel at the DRI Product Liability Conference in Austin, Texas. I was joined by three…
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Kilpatrick Townsend & Stockton LLP | USA | 8 Nov 2018

Crafting Effective ESI Agreements

With the proliferation of workplace and personal electronically stored information ("ESI") these days, it may be a scary proposition for any litigant…
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Bressler, Amery & Ross PC | USA | 31 Oct 2018

Spoliation of Evidence; the Surest Road to Sanctions

Although there are potential pitfalls at every step of the eDiscovery process that parties and their counsel need to consider and avoid, spoliation of…
Article
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Brownstein Hyatt Farber Schreck LLP | USA | 23 Oct 2018

Mitigating the E-Discovery Sideshow: Health Care Employer’s Guide to Managing E-Discovery Before and During Litigation

Employment litigation in today's increasingly digitized health care workplace requires fluency and competency to effectively and efficiently manage…
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McGuireWoods LLP | USA | 25 Sep 2018

Using Search Terms and TAR: Validation Is the Key to Success

More and more often, parties are taking advantage of advanced document review technologies to reduce the burden of discovery. Search terms and…
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