KT LitSmart

A lawsuit has been filed. Both parties have met and negotiated an ESI Protocol that has been formalized as a court order. Your review team has started the initial review and notices there are numerous duplicates. When this is brought to your attention, you discuss with your litigation support team and they suggest de-duplication and email threading as options. Which of the following would steps would be appropriate? In this blog, we'll dive into the next steps in this scenario and the importance of having an ESI Protocol in place.

Assigning a single unique name to identify an individual has created problems that precede the inception of e-discovery. Think of Santa Claus, St. Nicholas, St. Nick, Noel or simply Santa. These variations are associated with a unique individual and yet, our society has been using different names to refer to him since before we were born. In e-discovery, identifying individuals with information relevant to a dispute is one of the first and most important steps we go through at the inception of a case. As such, the identification of the different names for these individuals is critical to ensuring we do not miss potentially relevant files. 

Depo packs serve two purposes: (1) to help prepare your client’s witnesses and experts for their depositions by refreshing their recollection of specific events or communications and focusing their attention on issues that are central to the factual story and legal strategy; and (2) to assist the trial attorneys in preparing to depose the other side’s witnesses or defend their own witnesses. This blog provides an overview of depo packs and how they can be a tremendous benefit to the client as well as an effective tool for the attorneys deposing or defending depositions. 

It’s a Friday afternoon and your weekend is about to start…and yes - you guessed it…a last minute production request comes in and your plans are no longer the same. Like many other e-discovery professionals, I’ve been in this position too many times to count. To ensure that I remember all of the various conditions that should be considered and checked and double-checked in preparing productions, I recommend using a checklist to make sure you are top of all of it!

Seeking to resolve a split among the Circuits “regarding the scope of liability under the [Computer Fraud and Abuse Act]’s “exceeds authorized access” clause, the Supreme Court granted certiorari to the appeal of Robert Van Buren, a former Georgia police sergeant whose criminal conviction for violating the act was upheld by the Eleventh Circuit in 2019. Under the "gates-up or gates-down" threshold established by the Court's opinion, the access to information relevant to the question of civil or criminal liability under the CFAA is defined by IT permissions. Specifically, the question is now what files or folders within a computer system is an authorized user allowed to access and did that user exceed that authorized access?