In complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In re Uber Technologies, […]
Understanding the Dominant Purpose Test for Determining Whether Privilege Applies Read More »
When litigating high-profile cases, attorneys must tread carefully in handling confidential materials, especially when protective orders are in place. In Cahill v. Nike, Inc., an inadvertent disclosure by counsel to
How the Inadvertent Violation of a Protective Order Led to Sanctions Against Counsel Read More »
In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text
How the Default Settings for the Deletion of Text Messages Can Impact Sanctions Read More »
In Dale v. Deutsche Telekom AG, Magistrate Judge Jeffrey Cole addressed a recurring issue in complex litigation—whether in-house counsel are appropriate custodians in discovery. The October 4, 2024 decision also
In-House Counsel in the Custodian Debate: Balancing Proportionality and Relevance Read More »
In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead
How the Failure to Preserve Led to Production of the Legal Hold Notice Read More »
A recent decision from the Northern District of California, UAB “Planner5D” v. Meta Platforms, Inc. addresses a growing challenge in ediscovery: whether hyperlinked files embedded in emails and other documents
In Moore v. Garnand, Inc. (July 3, 2024), the importance of metadata in ediscovery takes center stage. This case highlights why metadata isn’t just a technical detail but a vital
The Power of Metadata to Tell a Story: A Crucial Tool for Litigators Read More »
In this week’s Case of the Week, I dive into a critical decision from FTC v. Amazon.com, Inc. (August 1, 2024), which underscores the precarious nature of privilege in document
Worried About Waiving Privilege via Inadvertent Production? You’ll Want to Read This. Read More »
In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted
eDiscovery Lessons for In-House Counsel: A Case Study in What Not to Do Read More »
The integration of generative AI tools like ChatGPT has sparked both excitement and concern within the legal community. While AI offers tremendous potential in automating routine tasks, its misuse can
