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  • 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.

  • Big Claws
    Legal Updates

    My My, What Big Claws You Have! Navigating the Pitfalls of Drafting Clawback Agreements

    One of the greatest fears in any litigation matter is that you will somehow accidentally produce work product or attorney-client privileged documents to the opposing side and waive the privilege. As a result, it has become standard protocol for parties to enter into clawback agreements that protect sensitive electronically stored information (ESI). Clawback agreements allow parties to agree that the inadvertent production of privileged information will not automatically waive the privilege and provide a process for the return or destruction of that privileged material.

  • Best Practices
    Technology Advantage

    Planning for a Successful Document Collection – Best Practices

    There is often a lot of discussion around the processing and review of documents in a litigation, most likely because these phases end up costing the most money and taking the most time. What is often overlooked, however, is the collection process and how that phase sets the tone for the rest of discovery, including overall case strategy, knowledge gathering and cost thresholds for the case. In this blog, I lay out some best practices that can be followed to collect data in a sound manner while keeping costs reasonable and gathering all relevant information. 

  • Purple Rain
    Legal Updates

    It’s Purple Raining Sanctions: Litigation Regarding Prince’s Estate Provides Framework for Determining When Sanctions Apply Under FRCP Rule 37(e)

    You may have read my colleague Starling Underwood’s post on two recent Second Circuit decisions discussing sanctions for spoliation. If you have not, I encourage you to read it here.  In this post, and continuing our music-themed sanction discussions, I narrow the focus to Federal Rule of Civil Procedure Rule 37(e), which is used to determine whether and what sanctions are appropriate when ESI spoliation occurs. A recent decision from the Minnesota District Court involving the estate of the artist Prince Rodgers Nelson (“Prince”), Paisley Park Enterprises, Inc. v. Boxill, provides a detailed review of the sanctions analysis under Rule 37(e), while dealing with a category of very common ESI data often at issue in litigation today –  mobile phone text messages.

  • TBJ
    LitSmart News

    LitSmart Profiled by Triad Business Journal: How a Venture Launched by a Law Firm in Winston-Salem is Driving Growth, Innovation

    The LitSmart team has been profiled by the Triad Business Journal as a leader in growth and innovation. Led by Team Leader and Kilpatrick Townsend partner, Craig Cannon, LitSmart has grown from 10 members to 30 full-time team members and 100+ contractors in the past 5 years. The team is also an industry-thought leader in e-discovery innovation, developing its own applications to meet client needs. LitSmart expects to continue to grow over the next year as it expands both domestically and internally. Read the full article and learn more about LitSmart here.

  • Clara Skorstad
    LitSmart News

    LitSmart Senior Project Manager Clara Skorstad Represents Kilpatrick Townsend at Annual Hispanic League Spanish Nite Gala

    LitSmart Senior Project Manager Clara Skorstad represented Kilpatrick Townsend at the annual Hispanic League Spanish Nite Gala on April 6, 2019, as the firm was honored with the "Decade of Dedication Award." Clara, a member of the Board of Directors of the Hispanic Leage and Chair of the Education Committee, accepted the award on behalf of the firm for providing scholarships and support to the organization for the past decade.

  • Advanced Analytics
    Legal Updates

    Taking Advantage of Advanced Analytics: Beyond First Level Document Review

    Picture this: Your team has completed the first level and quality control reviews. Your documents have been produced, your privilege log is out the door and you have just received the incoming document production from the opposing party. Now you have a universe of documents with the potential to be used as deposition exhibits, in expert reports, and as trial exhibits. It would be nice if there was a way to take advantage of your previous work identifying hot documents during first level and quality control reviews by using them to identify documents with similar issues or themes in the opposing parties production. You and your team spent days, weeks, or even months reviewing documents for production. Leveraging this time (and costs) would be greatly appreciated by your client. But is that even possible? Yes it is! 

  • Katie King
    LitSmart News

    LitSmart E-Discovery Of Counsel Katie King Wins Triad Business Journal 2019 Outstanding Women in Business Award

    LitSmart E-Discovery Of Counsel Katie King has been honored as a recipient of the Triad Business Journal's 2019 Outstanding Women in Business Award for her extraordinary contributions to the Triad area. Katie joins 23 other Triad leaders who have left an indelible mark on their professions, industries, and communities. Katie will receive her award at a special ceremony on April 4.

  • Jarrad Smith
    LitSmart News

    NC Pro Bono Resource Center Highlights LitSmart Attorney and Volunteer Jarrad Smith

    The North Carolina Pro Bono Resource Center recently profiled LitSmart E-Discovery Attorney Jarrad Smith's pro bono and volunteer efforts. After Hurricane Florence, Jarrad volunteered with the NC Pro Bono Resource Center as a pro bono attorney in the New Bern FEMA Disaster Recovery Center (DRC) interviewing clients and conducting intakes. He returned to New Bern for a FEMA Appeal and Restoration Clinic where he assisted clients seeking appeals of their disaster assistance decisions.