Searching Content indexed under Disclosure & Electronic Discovery & Privilege by BakerHostetler ordered by Published Date Descending.
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E-Discovery, The Cloud And Blockchain – How New Practices May Require A ‘Back To School' Approach
The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence.
United States
18 Sep 2018
New York Court Bucks Trend And Allows Discovery Of Documents Abroad Under 28 U.S.C. § 1782
A significant new ruling out of the Southern District of New York has ignited the debate over the extraterritorial scope of 28 U.S.C. § 1782.
United States
20 Jun 2018
Experts Must Satisfy Daubert Standards At Certification Stage
Nearly seven years ago, in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), the Supreme Court addressed, at least in significant respect, the question of whether experts must satisfy Daubert ...
United States
6 Jun 2018
eDiscovery And Technology
For more than five years we have discussed the need for attorney competence in technology, especially as related to discovery in posts ...
United States
8 May 2018
What The Working Party Might Be Thinking About Discovery – WP 261 Derogations To The GDPR
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 Article 49 ...
25 Apr 2018
What Judges Are Really Saying About Technology Assisted Review
Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012, an entire legal industry has grown up on the premise...
United States
11 Apr 2018
Social Media Privacy Settings May Not Protect Your Information From Discovery
The Court of Appeals of New York recently considered the issue.
United States
16 Mar 2018
E-Discovery And Cryptocurrencies – What You Need To Know
Not all cryptocurrencies are anonymous; some have been intentionally architected for transparency
United States
9 Feb 2018
Perfection Not Required In Technology Assisted Review, But Transparency Might Be
A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review ...
United States
6 Feb 2018
Strategic Implications Of Amendments To The Federal Rules Of Evidence
These new authentication rules have the potential to make the use of electronic evidence much smoother at trial.
United States
29 Jan 2018
Why Aren't You Using FRE 502(D)
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 with large volumes of ESI.
United States
19 Dec 2017
It's The End Of Authentication (Of ESI) As We Know It
Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will "govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending."
United States
1 Dec 2017
Cost Shifting Ordered Due to Inadequate Meet and Confer
Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements.
United States
11 Aug 2017
E-Discovery Standards And The 26(G) Signature That Drives The Market
If you guessed e-discovery (perhaps because you're reading an e-discovery post with an e-discovery title on an e-discovery blog)
United States
19 Jul 2017
PTAB Grants Discovery To Underlying Test Data
Discovery in inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) is typically quite limited, and the PTAB normally is reluctant to grant motions for additional discovery.
United States
4 Jul 2017
Advocacy In E-Discovery More Important Than Ever
In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise...
United States
31 Mar 2017
Judge Peck To Attorneys – Wake Up And Read Rule 34
First, responses must state grounds for objections with specificity: "General objections should rarely be used after Dec. 1, 2015...
United States
28 Mar 2017
Mandatory Disclosure Of Third-Party Funding Agreements For Proposed Class Action Lawsuits
For years, certain lenders have agreed to fund all or part of a party's litigation costs, usually in exchange for an agreed share of any recovered proceeds, as part of a practice...
United States
7 Mar 2017
Want To Get Primed For TAR? The Sedona Conference Has You Covered
The Sedona Conference recently announced the release of its Technology Assisted Review (TAR) Case Law Primer.
United States
13 Feb 2017
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