Legal Updates

  • Crafting Effective ESI Agreements
    Legal Updates

    Crafting Effective ESI Agreements

    One effective way to limit the scope of discovery, reduce confusion and ensure consistent deliverables (thereby reducing costs) is to enter into an ESI agreement with opposing parties. This article will provide some guidelines for these ESI agreements, what they should include and how best to leverage them for your benefit.

  • Redacting Sensitive But Not Privileged Information
    Legal Updates

    Redacting Sensitive But Not Privileged Information: Surveying the Cases For and Against – PART ONE

    In an era of massive spreadsheets, expansive power points, and wide ranging email discussions, there are innumerable documents that may contain tremendous amounts of non-relevant and sensitive information which the opposing side would not be entitled to at all, except for that information’s proximity to minimal amounts of relevant information. Not all courts have come out in the same place on redacting non-responsive information, however, and there appears to be a dearth of controlling law or general consensus. In this article we will survey a cross section of relevant cases on both sides of the issue.

  • CLOUD Act
    Legal Updates

    US v. Microsoft Litigation Update: Supreme Court Dismisses Case as Moot After Congress Amends Stored Communications Act

    In January, I wrote a blog about the landmark case of United States v. Microsoft Corp. pending before the United States Supreme Court. Following publication of that blog, the Court heard oral arguments on February 27, 2018. On April 17, 2018, the Court dismissed the case as moot after Congress passed an amendment to the SCA and the Government obtained a new warrant pursuant to the amended Act. I have mixed feelings on this one. 

  • PROPORTIONALITY:  Tipping the Scale
    Legal Updates

    PROPORTIONALITY: Tipping the Scale

    In a perfect litigation world, parties would operate in good faith, draft reasonable discovery requests, answer requests completely and thoroughly, cooperate throughout the meet and confer process, and discovery would flow seamlessly. The real litigation world, however, does not usually follow this pattern. In December of 2015, the amended FRCP Rule 26(b)(1) sought to address the burdens associated with preservation and production by emphasizing proportionality and defining the scope of discovery. This article addresses the concept of "proportionality" and analyzes a recent case from the United States Disctrict Court, District of Columbia, which specifically addresses each proportionality factor.