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  Should defendants be permitted to adopt a policy concerning employee use of personal computing devices in business that benefits the defendant and then hide behind that policy to its benefit in the discovery process of a lawsuit? An essential organization in the modern discovery process, The Sedona Conference, has […]

The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do. The Sedona Conference regularly drafts and disseminates commentary articles on various areas of the law and the practice of litigation. I […]

How do you obtain information in a lawsuit in 2014? The practice of EDiscovery involves “electronically stored information” (ESI). Ultimately, whether the data comes in an image of the document or raw data, it will be reduced to a coalescent image such as a PDF, a TIFF, or as a […]

When might a legal case involve extensive discovery, including electronic discovery (e-discovery)? Suppose you sue a corporation and want to obtain documents/data (Request to Produce), information from the corporation itself (Interrogatories) and information from employees of the corporation (depositions). What might the subject matter of the lawsuit involve: Breach of […]

A lawsuit is filed…and that is often when the real work begins for all the parties involved. In some cases, neither the plaintiff nor the defendant has all the proof; documents, data and other types of evidence; they need to fully prove their respective cases. So, each party is allowed […]

There is no question that technological changes have revolutionized discovery in civil litigation, particularly in cases where the parties seek large volumes of documents from their opponents. Medical device and pharmaceutical litigation come to mind. How to manage so-called “e-discovery” is on the minds and lips of many lawyers. In […]