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Legal Updates

THE ATTORNEY CLIENT PRIVILEGE: THE CORPORATE COMMUNICATION CONUNDRUM – PART II

As anyone faced with discovery requests knows, one of the most important parts of producing documents is determining what documents are subject to attorney-client privilege or work product doctrine and must therefore be redacted or withheld. Failing to conduct an effective privilege review can have dire consequences -- from exposure of highly confidential information to even waiver of the privilege. In Part One of this blog post, we discussed how difficult it can be in a corporate context to determine whether an individual document should be withheld or redacted as privileged. In this Part Two, we discuss how employing technology in our privilege review reduces risk and makes this process easier and more efficient.
Legal Updates

The E-Discovery Problem of “Modern” Attachments: Case Trends in the Production of Hyperlinked Documents

Have you ever given much thought to what constitutes a “family” of documents when producing electronically stored information (“ESI”)? Even if you are an E-discovery attorney, you very well may not have. After all, it is pretty straight forward, isn’t it? An email and all its attachments are a document family. Sometimes, you have a document with embedded files or images that may be split off into separate documents in the collection or processing process. That document and its embedded files are a document family. And . . . that’s pretty much it, right? Well, not so fast. As cloud storage and collaboratively shared documents become more popular, we are seeing increasing numbers of emails that have hyperlinks to documents rather than conventional attachments. So, are hyperlinked documents part of a family? How are the courts handling these issues?
Legal Updates

The Legal Competency Missing from Legal Education: Law School Curricula and E-Discovery

As the amount of electronically stored information (“ESI”) continues to grow at an exponential rate, basic E-Discovery knowledge becomes increasingly essential for litigators and legal professionals alike across a variety of practice areas. And yet, it does not appear that law schools are keeping up with E-Discovery’s ever-growing consequence. While a handful of law schools do offer standalone E-Discovery courses, it is far from the norm. Mere passing references to E-Discovery in higher education are inadequate to prepare future lawyers for the realities of the legal profession in this digital age.