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How to Handle Anonymously Received but Privileged Documents

Originally published by Compelling Discovery. What do you do if you receive documents from an anonymous source that contain privileged information from your adversary? That is the question Merits Incentives, LLC v. Dist. Ct., 127 Nev. Adv. Op. 63, 262 P.3d 720 (2011) addressed and it is still a topic that…

Fitbits, Wearable Tech, and the Impending eDiscovery Deluge

Originally published by FindLaw. By Mark Wilson, Esq. The eDiscovery revolution begun in the late ’90s continues unabated, but wearable data-collecting devices like the Fitbit present a new and interesting problem for electronic discovery. Anything You Wear May Be Used Against You in a Court of Law You can probably imagine…

3 Mistakes Lawyers Make Responding to ESI Requests

Originally published by FindLaw. By Mark Wilson, Esq. Electronic discovery is the name of the game these days as more and more people and companies store their stuff in the form of bytes, not pages. That means that lawyers need to know how electronic discovery works (and in some places, that’s…

Hidden Gold in Governance

Originally published by California Lawyer. by Susan Kuchinskas | May 2015 The discipline known as information governance has risen in visibility and application over the past year. And the bigger a law firm is, the more data it generates and stores-and must control and keep safe. Smaller firms may have more…

Thinking About Asking for More Discovery, Even After Disputes? Don’t Get Shut Down; Think Narrowly.

Originally published on ELL Blog. Authored By: Schawn-Paul Rotella Citation: Herron v. Fannie Mae, 1:10-cv-00943-RMC, (D.D.C. Feb. 2, 2015). e-Lesson Learned: Judges are human. When requesting discovery amid multiple discovery disputes, one’s requests should be narrow and specific. Otherwise, one risks the presiding judge’s cutting off all future discovery due…

How to ease the eDiscovery impact of FOIA requests

Originally published on FCW. The expanding reach of the Freedom of Information Act has introduced a new dynamic at federal agencies, and it is driving the need for IT professionals in the public sector to understand and conduct electronic discovery for records being requested by individuals and private parties under…

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