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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.

See Our Comprehensive Approach
See Our Comprehensive Approach

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 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.

  • Man in a suit holding a book titled "Civil Procedure Rules"
    Legal Updates

    We Hold These Rules to Be Self-Evident: Document Review, Relevance, and the Federal Rules of Civil Procedure

    Sometimes, an argument or position may seem so self-evident or apparent that parties proceed on the assumption that it is correct without ever actually litigating the issue. Should a party decide to contest the issue, however, it can be difficult to find authority in support of the proposition. Such was the case in a recent decision involving an ESI protocol issued by the United States District Court for the Southern District of New York in United States ex rel. M. Frank Higgins & Co. v. Dobco, Inc., No. 22-cv-9599, 2023 WL 5302371 (S.D.N.Y. Aug. 17, 2023).  The parties there disagreed as to how searches for ESI should be conducted. The Court, in resolving their dispute, examined the parties' obligations to produce ESI under Federal Rules of Civil Procedure 26 and 34.