Playing with Fire: Producing ESI as Paper

“…Revonet’s producing the e-mails only in hard copy played with fire. ” Magistrate Judge John Facciola, Covad Communications Company v. Revonet, Inc.  I have blogged on parties failing to state a form of production in prior postings and producing parties attempting to produce ESI as paper or non-searchable TIFFs.   In[…]

Read more

Back on the Record: Tips on Deposition Preparation with Technology

I have taken and defended a good number of depositions.  Preparing for deposition requires thoroughness, thoughtfulness, and not being tied to your question outline like a student actor reading a script.  Whether you are “old school” or “new school,” there are many ways to enhance your deposition practice with litigation[…]

Read more

What Happens When the Requesting Party Does Not State a Form of Production?

Federal Rule of Civil Procedure Rule 34 allows for a requesting party to state the form of production in their request. In the event a requesting party does not state the form of production, the responding party can state the form of production in their reply. However, if no party[…]

Read more

The e-Discovery Chase: Strategies to Reduce Electronically Stored Information in Discovery Requests

All of our tools and toys that generate electronically stored information can frustrate law firms with high e-Discovery costs.  Lawyers who choose to have their discovery productions printed can have nearly 10,000 times more paper than 10 years ago.[1] It is difficult to visualize how “big” ESI can be. WIRED[…]

Read more