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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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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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Use and Abuse of Attorney-Client Privilege and Work Product Doctrine in E-Discovery

Two  federal courts recently dealt with thorny issues stemming from defendant employers’ use of the attorney-client privilege and work product doctrine. These rulings should be heeded by those of us who develop or revise electronic data review protocols, particularly any  guidance for determining when to withhold documents under the attorney-client privilege or the work product doctrine.

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WELCOME TO THE NEWLY RE-LAUNCHED KMK MONTHLY E-DISCOVERY ROUND-UP

Richard G. Braman

This month has seen some extraordinary developments.  Probably the most noteworthy of which is the passing of Richard Braman, Founder and Executive Director Emeritus of The Sedona Conference.  And, although I never met him personally, his vision, leadership and influence on the world of e-Discovery have blazed an e-Discovery trail and served as a beacon of light for many of us in this industry, and as such, I am forever grateful.  If you are unfamiliar with Mr. Braman, a beautiful tribute to his life and work can be found on The Sedona Conference website.

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Can a Simple Form Reduce Disputes Over ESI?

Can a simple form make ESI discovery easier for us and reduce our clients’ expenses, inconvenience, and distrust of opposing counsel? Having studied a  two-page Order developed by Magistrate Judge Thomas Shields of the U. S. District Court for the Southern District of Iowa, I would answer in the affirmative.

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Retrieving Discoverable E-Discovery Data from Social Media Sites: Or, "Wow, is this what I asked for?!"

A great deal of attention has been properly paid to the inherent data privacy and compliance issues surrounding critical e-discovery data stored on social media sites such as Facebook, LinkedIn and Twitter.  Moreover, when this same data is stored in the Cloud, these issues become further complicated.

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