E-Discovery

  • Technology Competence
    Legal Updates

    What You Don’t Know Will Hurt You: Technology Competence in the Time of COVID-19

    Last fall, I had the pleasure of speaking on a panel at the 2019 Relativity Fest entitled “Why Lawyers SHOULD Be Luddites.” It was a lively discussion about whether lawyers should be luddites, whether robots would be taking attorney jobs, should attorneys learn to code, and how to future-proof yourself. Opinions were split but what struck me the most was that a majority - if not all – of the attendees wanted to learn how to future-proof themselves. In this blog I offer tips on how to take advantage of technologies to do just that.

  • Shifting Costs
    Legal Updates

    Shifting Costs for Responding to Subpoenas Under FRCP 45

    Generally speaking, the presumption is that third parties will bear at least some of the costs of complying with proper subpoenas. That said, Courts often expect that a requesting party will negotiate in good faith the costs of compliance and, if those costs are significant, the requesting party would agree to cover at least some of the costs or limit its requests in light of the requirement of FRCP 45(d)(2)(B)(ii). As demonstrated by a recent case, though FRCP 45 provides two avenues for a third party to recover its costs for responding to a subpoena in federal litigation, such awards are the exception to the rule.

  • 3 Tips for Managing the Preservation of Mobile Device Data
    Legal Updates

    3 Tips for Managing the Preservation of Mobile Device Data

    Even when the need to preserve mobile data is clear, for clients who are not technical experts or who do not have technical experts on staff, how to go about actually preserving that data may not be so obvious. As legal professionals, it is important that we understand how to help our clients preserve mobile data and what pitfalls they may encounter.

  • Virginia Ring
    LitSmart News

    Quarterly Spotlight On..... Senior E-Discovery Attorney Virginia Duke Ring

    This Quarterly Spotlight focuses on Virginia Duke Ring, a Senior E-Discovery Attorney on Kilpatrick's LitSmart E-Discovery Team. Virginia joined the LitSmart team in January 2018 after previously practicing with the Firm's insurance recovery group. Virginia has proven herself to be a strong leader. She promotes collaboration among team members and is the consummate "team player." Scott O'Neal was fortunate to learn more about what makes Virginia such a valuable team member.

  • Structured Data
    Technology Advantage

    The Growing Source of ESI: Structured Data and Messaging Platforms

    It takes a minute to come to terms with the definitions of "structured" and "unstructured" data. It seems logical to associate “formatting,” such as the formatting that comes with word documents (indentation, headers and footers, paragraphs, etc.) with “structure,” but the terms are used very differently when it comes to describing data. This blog will explore structured data, particularly as it pertains to the preservation, collection, processing, review and production of such data, using the Slack instant communication tool as an example.