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  • Sanctions
    Legal Updates

    Discovery Sanctions in the Second Circuit: Be Afraid, Be Very Afraid

    Two of the most compelling discovery sanction cases of the past year are Klipsch Group., Inc. v. ePRO E-Commerce Ltd. and Ronnie Van Zant, Inc. v. Pyle, both decided in the Second Circuit. In the first, the court awarded $2.68 million in discovery sanctions in a case valued at a mere $20,000. In the second, the court issued an adverse inference when a defendant failed to preserve text messages held by a non-party. The implications of both decisions appear far-reaching and critically important for those involved in the discovery process.     

  • Digital Footprint
    Technology Advantage

    Impact of the Amendments to FRE 902 on E-Discovery Professionals

    Amendments to Federal Rule of Evidence 902 went into effect on December 1, 2017. One of the primary objectives of the amendments was to simplify the process of admitting into evidence electronically stored information (ESI), hopefully reducing discovery costs and burdens along the way. Specifically, the amendments added two new paragraphs: (1) FRE 902(13), which addresses records generated by an electronic process or system; and (2) FRE 902(14), which addresses data copied from an electronic device, storage medium or file, and contains a digital identification (a/k/a “hash value”). While addressing these important changes, the focus here is on the implications of these amendments for litigation support professionals.

  • Myles McLeod
    LitSmart News

    Quarterly Spotlight On..... Senior Project Manager Myles McLeod

    Our first ever Quarterly Spotlight focuses on Myles McLeod, a Senior Project Manager with LitSmart. Myles is a graduate of the United States Naval Academy, after which he served as a Lieutenant in the United States Navy where he amassed 1,000 flight hours, completed 250 arrested carrier landings, managed a group of 30+ aircraft technicians, and served as an Electronic Warfare Tactics instructor. He is also an accomplished long-distance runner, having competed in ultramarathons throughout the US. Scott O'Neal was fortunate to learn more about what makes Myles such a valuable team member and leader.

  • Ten Tips to Becoming Savvy in E-Discovery Databases for the Non-Expert
    Technology Advantage

    Ten Tips to Becoming Savvy in E-Discovery Databases for the Non-Expert

    A couple of weeks ago, I had an enlightening conversation with an attorney who recently joined our firm. He is a fairly experienced database user who asked me if we had specific database training for attorneys and made an interesting comment: "I don't just want to know how it works; I want to know how to really use it." In other words, how can I leverage e-discovery technology in order to make my job more efficient, more effectual and offer better value for my client?

  • LitSmart Logo
    LitSmart News

    Kilpatrick Townsend’s LitSmart® E-Discovery Team Announces the Addition of 5 New E-Discovery Experts

    Kilpatrick Townsend’s LitSmart® E-Discovery Team is pleased to welcome five new e-discovery experts to its team: Senior E-Discovery Attorneys Virginia Ring and Jim Hefferan; Senior Project Managers Phil Moon and Dave Welch; and Senior Analyst Shazell Bush. The award-winning LitSmart® E-Discovery Team has now grown to 26 permanent employees stationed in offices across the US and plans to continue to grow over the next year.

  • Top Secret
    Legal Updates

    To Redact or Not to Redact: How to Treat Sensitive But Not Privileged Information

    So, you’re deep in the weeds of your latest e-discovery project for an important client and things are going smoothly. An email now arrives from the review team flagged as urgent and with the tag line, “Take a look at this document, it’s got some pretty sensitive info - that isn't relevant - and I’m pretty sure the client won’t be happy sending this out.” Just redact it, right? At least one court disagrees.

  • Five Tips to Enhance E-Discovery Project Management Impact
    Technology Advantage

    Five Tips to Enhance E-Discovery Project Management Impact

    E-Discovery project managers provide a valuable skill set that keeps litigation discovery on-track. As a result, they can have a huge effect on the level of success of their clients' projects. How can we increase the odds that the effect is positive? A project manager can maximize his organizational impact by adopting five simple habits.

  • Flags
    Legal Updates

    US v. Microsoft Litigation Provides the Supreme Court with a Rare Opportunity to Further Clarify and Define the Role of Comity in International Discovery Disputes

    The United States Supreme Court recently granted certiorari in the landmark case of United States v. Microsoft Corp. This matter presents the Court with an opportunity to establish new precedent in the field of international e-discovery. An amicus brief recently filed by some of the country’s leading e-discovery practitioners and professors, including Kilpatrick Townsend’s Global Discovery Counsel, Craig D. Cannon, urges the Court to use this occasion to provide further guidance as to the appropriate considerations of international comity that must be weighed when faced with a cross-border discovery dispute.