Articles on eDiscovery Caselaw

The story of Theranos is so wild it even makes eDiscovery interesting. See how a late night doc review turned up the smoking-gun email that will be central to the prosecution of Theranos CEO Elizabeth Holmes.

Silicon Valley's trial of the century begins with a discovery dispute—as data from a major Theranos database goes missing and Elizabeth Holmes seeks to suppress all evidence of patient complaints.

Courts are realizing that Slack discovery is generally both relevant and proportional. Learn about best practices and tools to manage your Slack data in the most efficient way.

A recent case touches on the changing nature of communications and tackles novel eDiscovery questions, like: Is a linked doc an attachment? Must your discovery process treat it as one?

In a single matter, one two-attorney firm brought in $60,000 in DIY discovery services-and recovered those hours directly from opposing, whose discovery errors ended in cost-shifting sanctions.

A recent report by ProPublic casts changes to sanctions rules as a green light to corporate wrongdoing. That's the wrong way to look at them. Learn why here.

The emergence of judicially-sanctioned ESI stipulations could play an important role in the creation of more formal guidance that will ultimately shape the course of discovery in the years to come.

When vendor pricing leads to excessive discovery costs, who bears the burden? A recent case offers an important reminder that, far too often, excessive discovery costs can stand in the way of justice.

In the world of eDiscovery, spoliation is serious business. For destroying evidence intentionally (or in some cases, negligently), litigants and attorneys can face stiff sanctions, ranging from

In this post, we outline challenges to proving sanctions under Federal Rule of Civil Procedure 37(e).

Are we seeing the end of eDiscovery sanctions? The data indicates a powerful trend in that direction. In the three years since the

It's officially 2019. We haven't mastered FOIA response, or put a woman on Mars. But texting is next-level fun-because everyone and their mom uses emojis. But these little, yellow icons are

The most significant eDiscovery case law of 2018, from Rule 26 sanctions to use of TAR and AI.

Since Jimi Hendrix, arguably the greatest guitarist of all time, passed away in 1970, his family and heirs have been embroiled in

The Ohio Supreme Court won't stand for ignoring discovery-or lying. Last week, the court indefinitely suspended Cleveland attorney

If you're one of the hundreds of people arrested without a warrant in Houston every week, and we hope you're not, you may find

Over 50 years ago, Charles Katz strolled into a phone booth on Sunset Boulevard in Los Angeles and placed a call to the East Coast,

Judge Fred Biery is fed up with discovery gamesmanship. A U.S. District Judge in the Western District of Texas, Biery recently issued

The next Supreme Court justice could be a conservative jurist whose noteworthy opinions include a ruling against the IRS in a

If you followed football in the 70's and 80's, you might rememberand Los Angeles Rams quarterbackand Vince Ferragamo,and Tampa

To supporters, litigation funding groups promise to "level the playing field," allowing parties to bring suits they otherwise would

When it comes to the sanctionable reliance on boilerplate, you can't say the profession hasn't been warned. Now courts are going beyond just warnings, as recent caselaw shows.

After months of contentious discovery, the high-profile trade secrets dispute between Uber and Waymo was scheduled to go to trial

Tis the season of giving and if you're a legal professional, Logikcull has some gifts for you: Five new resources designed to make

Sometimes, you're in a rush. But in litigation, itand's not usually easy to get the information you need as quickly as you might want

Here's a quick tip: If you're suing a potential employer for sexting you during the hiring process, don't throw out your cell phone

ExxonMobil can’t rely on accountant-client privilege to protect documents from an investigation into whether the Exxon, the largest private oil company in the world, had mislead investors about the expected impacts of climate change.

Many businesses have policies giving them ownership of data on company devices and a virtually unlimited right to look at such documents. So, when attorney-client communication occurs on privacy-free devices, could that destroy privilege?

Hear no evil, see no evil, speak no evil, right? Not when it comes to spoliation and your ethical obligations, as the public censure of a partner at Bryan Cave’s Denver office reminds us. Randall H. Miller was disciplined earlier this month for violating his duty of candor to the court after his client deleted emails, Bloomberg reports.

The cell phone has come a long way since its predecessor, the brick phone, became immortalized as Gordon Gekko's favorite accessory.