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Friend or Foe: Implications for Preservation and Collection of Social Media and Cloud Evidence Under New Federal Rule of Evidence 902

Pending expected Congressional and U.S. Supreme Court approval, most litigators, e-discovery technology practitioners, and digital forensic experts seem to share the view that the proposed amendments to F.R.E. 902 otherwise set to go into effect December 1, 2017, will serve at least one of their intended purposes, by further promoting a “…just, speedy and inexpensive determination in each matter”, prescribed under Fed. R. Civ. Pro. 1.

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CISA Makes Its Debut in 2016

The Cybersecurity Information Sharing Act (CISA), S. 754, was signed into law by President Obama on December 18, 2015 as part of the larger 2016 Omnibus Spending Bill, and arrived on the cybersecurity landscape with an equally strong set of supporters and opponents.  With strong views on both sides, CISA is the first step in building what all will likely agree is of critical importance – improving cybersecurity in the United States.  

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Legal Alert: Newly Enacted Federal Rules of Civil Procedure Affecting E-Discovery

Changes to the Federal Rules of Civil Procedure were approved by the U.S. Supreme Court in April of this year and became effective Dec 1, 2015.  While several rules outlining e-discovery compliance obligations were modified, the changes to Rules 26(b) and 37(e) are especially significant and will increasingly require inside and outside litigation counsel to better understand these rules and fundamentals, from a practice, technology and best practices standpoint. 

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Proportionality in E-Discovery: Tools for Efficiency and Cost Reduction

In our increasingly technological society, parties are encountering a greater demand for electronically stored information (“ESI”) in litigation. This demand has led to the adoption of a concept called proportionality. Proportionality evaluates the costs and benefits of e-discovery, to determine if discovery production is warranted.

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KMK’s April 2015 E-Discovery Round-up

Hi E-Discovery enthusiasts! Welcome to KMK’s April 2015 E-Discovery round-up.

This month we take a look at an Irish courts ruling on TAR that relies on some US court’s precedent, get caught up on The Sedona Conference’s latest project published for public comment and highlight an E-Discovery thought leader who popped up on various nationally broadcast programs. So, let’s dive in, shall we? 

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E-Discovery Alert – Sixth Circuit Affirms Award of Costs, Including the Imaging of a Hard Drive, to Prevailing Employer

In an appeal of a lost wrongful termination suit, Colosi v. Jones Lang LaSalle Ams., Inc., 2015 U.S. App. LEXIS 4184 (6th Cir. Ohio 2015), the Sixth Circuit Court of Appeals has found that a prevailing party’s request for costs, some of which were associated with the imaging of a hard drive, as properly taxable, relying on the authority of 28 U.S.C. § 1920 and Fed.R. Civ. P. 54(d)(1) as well as a less “restrictive” reading of the former than of that found in the Race Tires opinion.  

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Cutting Outside Counsel Litigation Spend: Insourcing v. Outsourcing "aka" the Magic Behind E-Discovery Right-Sourcing

Most in-house counsel agree that reducing overall outside counsel spend, particularly when it comes to litigation spend, is a laudable goal. While the underlying needs and high-stakes antes of this objective have admittedly increased following the Global Financial Crisis of 2007-2008 and subsequent recession, foreclosures, and rarely seen historically high unemployment figures only recently finding relief, the need to reduce outside counsel litigation spend has always been present according to most, and, as such, is rather old news.   

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September 2014 E-Discovery Round-Up

Hello E-Discovery enthusiasts and welcome to KMK’s September E-Discovery round up.  This month we take a closer look at a recent U.S. Tax Court ruling approving predictive coding, salivate as the FRCP Amendments are approved by the U.S. Judicial Conference and update you on some upcoming screenings of Joe Looby’s acclaimed documentary, “The Decade of Discovery” – so let’s get started, shall we? 

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Magistrate Judge Endorses Use of Predictive Coding

In a case featuring a heated pretrial-discovery battle between heavyweights, a U.S. District Court Magistrate Judge in Tennessee recently approved the use of predictive coding in reviewing over two million documents for responsiveness.  

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Rule 502(d) Orders and the Attorney-Client Privilege

In today’s increasingly data-driven world, compliance with discovery requirements can mean production of hundreds of thousands of pages of documents, if not millions. Federal Rule of Evidence 502(d) was enacted to reduce the costs and risks associated with discovery, and to allow a federal court to protect the privilege of documents that have been inadvertently disclosed. Federal Rule of Evidence 502(d) provides that “a federal court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court – in which event the disclosure is also not a waiver in any other federal or state proceeding.”

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