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  • 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.

  • Project Management
    Technology Advantage

    How to Relate Traditional Project Management Techniques to Electronic Discovery Management

    There is a lot of talk around project management across all industries. In fact, according to Quora.com, the US alone has approximately 290,000 people that hold the PMP® (Project Management Professional) certification. I am one of those individuals. When I was first introduced to the PMP curriculum I was not sure how it would complement my e-discovery skill set but I soon learned it provides a valuable set of tools that can be directly translated to the e-discovery industry.

  • Fingerprint
    Legal Updates

    Just Because We Can, Doesn’t Always Mean We Should

    We depend on and indeed praise technology for the myriad ways it makes discovery more efficient and less costly than ever before. Such reverence, however, raises the question:  is there a point where the use of technology becomes too much? Can we become so enamored with the technological resources at our disposal that we neglect to use basic common sense and risk waiving certain basic rights? According to the North Carolina Court of Appeals, the answer is a resounding "Yes."

  • Finalist
    LitSmart News

    Kilpatrick Townsend Recognized as Best Law Firm Solution Finalist in Relativity Innovation Awards at Relativity Fest

    Atlanta, Georgia - October 1, 2019 - Kilpatrick Townsend & Stockton LLP today announced that they have been named a finalist in the Relativity Innovation Awards at Relativity Fest for Best Law Firm Solution for their LitSmart® AutoTasker. “Being a finalist for the fifth year in a row for this prestigious and coveted honor is a true testament to Kilpatrick Townsend’s commitment to client service and innovation.”

  • When Good Business Sense Doesn’t Make Good Legal Sense
    Legal Updates

    When Good Business Sense Doesn’t Make Good Legal Sense

    In my role as a Senior E-Discovery Attorney, I often provide guidance to organizations in how to develop and implement policies governing data retention and disposition. When developing those policies, it is critical to consider both the business and legal implications of preserving or deleting data and, ideally, find a balance between the two even when the concerns and priorities may not be the same. A recent case highlights what often proves to be a fundamental tension between the perspective of business stakeholders and legal stakeholders with respect to the preservation of ESI for pending or reasonably anticipated litigation in large corporations.

  • Information Governance
    Technology Advantage

    Information Governance and its Role in E-Discovery

    While the term sounds quite formal, with respect to e-discovery, in practice, “Information Governance” really means getting your electronic house in order so that you can mitigate risks and expenses should e-discovery become an issue in the future. “Getting your electronic house in order” covers the entire data lifecycle, from the initial creation of electronically stored information (“ESI”) through its final disposition, and potentially involves an organization’s entire suite of technology and related processes, policies and strategies. Indeed, IG becomes the foundation and framework of an organization’s  management of its information assets and, importantly, the degree to which e-discovery processes are streamlined and cost-efficient is dependent upon having effective IG policies and procedures in place.