Proportionality: Small Case, Big Message 

In the area of proportional discovery, the case Small v. University Medical Center (UMC)¹ was the shot heard ‘round the world. The U.S. District Court’s ruling, in no uncertain terms, sent a message to companies facing even the potential of litigation:  have a consistent, documented, and defensible preservation […]

Keyword search

Don’t Stop Believin’: The Staying Power of Search Term Optimization

Some things never outlive their usefulness. Just as a steering wheel remains the preferred method of driving a vehicle, the use of keyword search terms in ediscovery remains a powerful technique in the ediscovery world. In recent years there has been considerable attention on artificial intelligence (AI) and machine-learning techniques being applied to the challenges of ediscovery document review. Technology assisted review […]

Data Privacy

EU Privacy Laws Don’t Change U.S. Discovery Requirement

Sands Anderson LLP reports that despite the difference between the United States and the European Union’s approach to data privacy and the default rules for electronically stored information, like email,  a U.S. litigant still has to comply with the discovery […]


Ready. Set. Comply! Preparing for the GDPR’s Broad Reach

In May of 2018, the EU’s General Data Protection Plan (GDPR) will take effect and its reach will be broad, extending to corporate legal counsel and e-discovery teams during litigation and investigation. There will be new expectations, limitations and noncompliance […]

Rule 502(d)

You Can Take It Back: Rule 502(d)

As ediscovery continued to grow in the early 2000s, so, too, did the risk of inadvertently producing privileged documents. In response, in 2008, Congress enacted Federal Rule of Evidence 502(d), which allows a party to clawback any privileged or protected materials […]

eDiscovery Liaison

Every Step of the Way: The Value of an Ediscovery Liaison

For many attorneys, confidence still remains low around ediscovery and electronically stored information (ESI). As attorney Neda Shakoori wrote in 2013, which remains applicable today, low ediscovery confidence can result in inefficiency, a lack of organization, increased costs, missed opportunities […]

Rule 26(b)(1) Proportionalit

Take 3: The Sedona Conference® Commentary on Proportionality in Electronic Discovery

According to the Chinese calendar, 2017 is the year of the rooster, and according to some in the e-discovery world, it’s also the year of proportionality. It’s a wakeup call: “Proportionality is here to stay.” This past May, The Sedona […]