Lessons in Reasonable Preservation of Electronically Stored Information

Determining the scope of discovery is of critical importance for defining a party’s duty to preserve duty. Parties legitimately can fight over whether one party’s preservation strategy is too narrow. Magistrate Judge Erin Wilder-Doomes decided this issue in a securities and unfair trade practices case in Louisiana arising from a[…]

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Lessons in Producing 4.2 Million Search Term Hits All Designated Attorney-Eyes Only

Discovery requires thoughtful planning on how to search for electronically stored information, conferring with the opposing party on search methodologies, and following stipulations on designating ESI as Attorney-Eyes Only (AEO). The Plaintiffs in Youngevity Int’l Corp. v. Smith produced 4.2 million search term hits, designated them all AEO, and failed to[…]

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Everlaw Guest Post: When Has a Producing Party Completed Document Review?

“eDiscovery Day” is December 1 in recognition of the effective dates for the 2006 and 2015 Amendments to the Federal Rules of Civil Procedure. Over the last decade, eDiscovery has dramatically impacted how attorneys conduct document review. In my guest post for Everlaw on When Has a Producing Party Completed[…]

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