Blog

  • Hybrid Work
    Legal Updates

    The Evolution of the Hybrid Workplace

    The workplace was permanently altered in March 2020, when an unprecedented global pandemic uprooted the traditional ways that companies thought and operated. What was initially expected to be a momentary pause in normal operations became a multi-year endeavor to adapt to and overcome ever-changing circumstances. Successful workplaces evolved to meet these circumstances by innovating, collaborating, and creating a new, better environment for its clients and its employees, ushering in the future of the hybrid workplace. The hybrid workplace is being adopted in many professions as a direct result of the pandemic, creating the ability to work just as well remotely as in-person, and providing employees and clients with even more benefits.

  • Forensic Exam of a Mobile Device
    Legal Updates

    When a Forensic Exam of a Mobile Device May Be Warranted

    While requests for email communications and collections from hard drives and networks are standard in today’s litigation, a party’s text messages, and collections from mobile devices are oftentimes overlooked. A narrowly tailored motion to compel forensic exam can be a valuable discovery tool to analyze the data on a party’s mobile phone. This blog analyzes the factors that led a court in the Northern District of Illinois to order the forensic imaging and collection of a party's mobile phone.

  • Truth
    Legal Updates

    And The Truth, or Lack Thereof, Shall Set You Free - PART TWO

    In Part Two of this blog series, I discuss lessons learned and provide best practices for complying with discovery obligations. In Part One of this blog series, we analyzed Burris v. JP Morgan Chase & Co., et al., a case in which the Court dismissed Plaintiff's complaint with prejudice because of Plaintiff’s “extensive misconduct and deception, without any obvious contrition or awareness of the wrongfulness of his conduct” which posed a serious risk any further proceedings would be “plagued” by a similar pattern of discovery abuse and deception that would make “it impossible for the district court to conduct a trial with any reasonable assurance that the truth would be available." As litigants and legal practitioners, we can learn from the Court's decision in Burris and ensure we don't make the same mistakes.

  • Data Mapping
    Technology Advantage

    Data Mapping - Why is it Important for Successful E-Discovery?

    A data map is usually something that is generated along with a data retention plan and is a great starting point if and when an organization becomes involved in litigation and discovery. Long before litigation and discovery, however, it is important to understand the relevant data sources that may be in play and where those can be found within the organization’s various data systems. This blog explains what a data map is, what it contains and how it is helpful.

  • The Modern Attachment
    Legal Updates

    The Modern Attachment: How to Handle Hyperlinked Documents in Emails

    Document management systems allow users to send a link to a document directly from the system, ensuring that all recipients receive the same, most up to date version, and, often most importantly when it comes to efficiency, ensuring that only one person is working in a draft document at a time. When we email links to these documents, the document itself is not attached to the email; rather, a hyperlink to the document where it is housed on the document management system is attached. As an e-discovery professional, my next thought is….how do we handle these links in discovery? At least one court has grappled with this question and its decision sheds new light on how we can handle hyperlinked attachments in our own cases.

  • Privacy
    Legal Updates

    E-Discovery Strategies For Handling Personal Identifying Information

    We’re all familiar with the importance of avoiding the inadvertent disclosure of attorney-client communications, work product or sensitive, proprietary or confidential business information. However, our obligations don’t end there. In addition to protecting this information, we also need to consider how to handle personal identifying information (“PII”). With extremely large amounts of data being at play in most litigation matters, it is becoming more and more important to have a solid game plan with safeguards and protections in place. Accidentally disclosing PII can lead to a chaotic discovery process and could lead to expensive monetary sanctions.

  • Maze
    Technology Advantage

    Pitfalls of Complex Search Protocols in ESI Agreements

    ESI Agreements cover the full gambit of e-discovery issues, from preservation expectations to production specifications. Sometimes, these agreements include an overview of the process by which the parties will identify the universe of potentially responsive documents by using specific date ranges, identifying priority custodians and developing proposed search terms. Adding another layer of complexity, this discussion is often had in a vacuum before the parties even know how much data their clients have. Coming up with criteria that identifies the relevant documents, but is not overly broad, in this vacuum can be difficult. However, the process is important because the date range, custodians and terms will inevitably dictate how much data is collected, processed and reviewed, which can significantly affect any litigation budget.

  • Truth
    Legal Updates

    And The Truth, or Lack Thereof, Shall Set You Free - PART ONE

    In Part One of this blog series, I discuss a case that makes clear the importance of complying with discovery obligations. The Court concluded that Plaintiff’s “extensive misconduct and deception, without any obvious contrition or awareness of the wrongfulness of his conduct” posed a serious risk any further proceedings would be “plagued” by a similar pattern of discovery abuse and deception that would make “it impossible for the district court to conduct a trial with any reasonable assurance that the truth would be available” and ordered Plaintiff’s complaint dismissed with prejudice. Indeed, although the old adage dictates that to the victor go the spoils, there are no spoils and no victory for one who engages in spoliation. 

  • Courthouse
    Legal Updates

    WARNING: Follow Your ESI Protocol Because the Court Will – PART ONE

    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.