Commentary

Expresses a viewpoint about legal technology and related topics.

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Strategies for Avoiding Untimely Discovery

The Federal Rules of Civil Procedure are the playbook for civil litigation. The Rules define the timing of hearings, required disclosures, how to request information, and remedies when a party doesn’t comply with the Rules. A recent case highlighted the interplay between the Rules when a party produced emails after the close of discovery. After
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Translating German Search Terms and Determining Proportionality in Volkswagen Clean Diesel

In 2017, Volkswagen pled guilty to criminal charges for misleading authorities on the emissions produced by its diesel cars. As a result of this case, the Volkswagen “Clean Diesel” Marketing, Sales Practice, and Products Liability Litigation case was a shareholder class action in which the plaintiffs sought the production of email messages dating back to
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Who’s a Custodian, What’s Protected, and What Counts as Reasonable? Judge Sallie Kim’s Opinion on Shenwick v. Twitter

Magistrate Judge Sallie Kim issued a discovery opinion that should be included in ediscovery chapters of Civil Procedure textbooks. In a security class action against Twitter, Judge Kim methodically issued orders covering whether to include custodians in the scope of discovery, application of the Stored Communications Act, and proximity search terms.1 Should the Co-Founder and
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Everlaw future

This is the final post in our multi-part series covering our ebook on the ins and outs of ediscovery. In this series, we’ve covered the ediscovery basics, including the history of the Electronic Discovery Reference Model (EDRM); core technical ediscovery concepts; and the technologies powering ediscovery. Download the full ebook here. To wrap up our
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Ediscovery technology ease of use

This is another post in our multi-part series covering our ediscovery chapter of a legal informatics textbook. To catch up on the series, you can download the ebook in full. In it, we cover the ediscovery basics, including the history of the Electronic Discovery Reference Model (EDRM); core technical ediscovery concepts; the technologies powering ediscovery (encryption, machine
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