California eDiscovery Ethics

California has set the gold standard for eDiscovery competency with Formal Opinion 2015-193. I have a new CLE presentation on the new opinion that discusses how California attorneys can meet their duty of competency to their clients. Check out my podcast discussing these issues and more. Josh Gilliland Josh Gilliland[…]

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Guest Post on Everlaw: Is An Attorney Responsible for Manually Reviewing Discovery Before Production?

I prepared a guest post for Everlaw’s blog on an attorney’s ethical duty to follow a client’s instruction to manually review documents prior to production. Is expert testimony required to show a lawyer breached their standard of care or is this issue one a jury can decide on their own?[…]

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eDiscovery Does Not Mean Esoteric Discovery

News Am. Mktg. In-Store Servs., is a breach of contract case involving multiple eDiscovery disputes.  According to the Plaintiff, the Defendant did the following: Destroyed relevant email evidence, including an email server; Failed to produce responsive documents in discovery due to the above failure; and Failed to run appropriate ESI searches[…]

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Going Too Far with a Litigation Hold: Do Not Secretly Copy the Adverse Party’s Data

In a business divorce, the Plaintiffs received a litigation hold notice from the Defendants.  The Plaintiffs then secretly copied computer files from the Defendants’ data center in Oakland, California through their virtual private network (VPN) connection to the data center.  Joseph Oat Holdings, Inc. v. RCM Digesters, Inc., 665 F. Supp.[…]

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Proving Conspiracies with Electronically Stored Information

There is no shortage of people utilizing technology to facilitate illicit or questionable actions.  Below are two recent examples. Price Fixing Conspiracy In In re Static Random Access Memory Antitrust Litigation, the Plaintiffs alleged the Defendants engaged in a ten year conspiracy to fix and maintain artificially high prices for Static[…]

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