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LitSmart® E-Discovery is your partner in high stakes e-discovery matters. Our collaborative team of attorneys, paralegals, project managers and data analysts is dedicated to providing personalized solutions to your e-discovery, information governance and privacy needs throughout the world with a focus on security, defensibility, efficiency and controlling costs.

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LitSmart E-Discovery

Don’t just litigate. LitSmart®! See how our award-winning team at LitSmart® leverages decades of experience in complex litigation, e-discovery and project management with best of breed technology in-house to provide comprehensive solutions that are superior to technology vendors or traditional law firms. Our team is the choice for savvy, streamlined and smart e-discovery.

  • Legal Updates

    The Duty to Preserve Evidence May Begin Before Formal Notice of Litigation

    The preservation of, or failure to preserve, ESI in a litigation context provides ample opportunities for counsel to stumble and is a fertile area of case law. In this blog we will look at Hollis v. CEVA Logistics U.S., Inc., No. 19 CV 50135, (N.D. Ill. May 19, 2022), an interesting little case in which the Court found that a curative jury instruction was warranted in a matter where the defendant CEVA failed to preserve video evidence of an altercation between the plaintiff Hollis and another employee which resulted in Hollis’s termination. This case is instructive in that it discusses in some detail the  “five threshold requirements” (Hollis, at 2) to impose remedies for failure to preserve ESI under Fed.R.Civ.P. 37(e) as well as the issues of intent to deprive plaintiff of the evidence and of prejudice to the plaintiff. The case is particularly interesting, however, in that it illustrates the potential difficulties in recognizing when a duty to preserve arises, particularly with respect to short-lived, ephemeral evidence that is destroyed or overwritten well before formal litigation commences.

  • Hybrid Work
    Legal Updates

    The Evolution of the Hybrid Workplace

    The workplace was permanently altered in March 2020, when an unprecedented global pandemic uprooted the traditional ways that companies thought and operated. What was initially expected to be a momentary pause in normal operations became a multi-year endeavor to adapt to and overcome ever-changing circumstances. Successful workplaces evolved to meet these circumstances by innovating, collaborating, and creating a new, better environment for its clients and its employees, ushering in the future of the hybrid workplace. The hybrid workplace is being adopted in many professions as a direct result of the pandemic, creating the ability to work just as well remotely as in-person, and providing employees and clients with even more benefits.

  • Forensic Exam of a Mobile Device
    Legal Updates

    When a Forensic Exam of a Mobile Device May Be Warranted

    While requests for email communications and collections from hard drives and networks are standard in today’s litigation, a party’s text messages, and collections from mobile devices are oftentimes overlooked. A narrowly tailored motion to compel forensic exam can be a valuable discovery tool to analyze the data on a party’s mobile phone. This blog analyzes the factors that led a court in the Northern District of Illinois to order the forensic imaging and collection of a party's mobile phone.