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eDiscovery: A Look Back at 2016 and Forward to 2017

By Bob Mehr, Sr. Legal Services Advisor Looking Back: 2016 A number of Federal Rules of Civil Procedure (FRCP) amendments went into effect in 2015, a couple of which, FRCP Rules 26(b) and 37(e) brought more significant change in the realm of discovery than has been seen in decades. These changes…

How to Handle Anonymously Received but Privileged Documents

Originally published by Compelling Discovery. What do you do if you receive documents from an anonymous source that contain privileged information from your adversary? That is the question Merits Incentives, LLC v. Dist. Ct., 127 Nev. Adv. Op. 63, 262 P.3d 720 (2011) addressed and it is still a topic that…

3 Mistakes Lawyers Make Responding to ESI Requests

Originally published by FindLaw. By Mark Wilson, Esq. Electronic discovery is the name of the game these days as more and more people and companies store their stuff in the form of bytes, not pages. That means that lawyers need to know how electronic discovery works (and in some places, that’s…

Managing the CSI Effect in Jurors

Originally published by the American Bar Association. By Katie L. Dysart – May 28, 2012 The now-ubiquitous term the “CSI Effect” has been used to describe the phenomenon whereby high-tech, forensic science dramatized in television crime dramas such as CSI, Law & Order, and Forensic Files theoretically promotes unrealistic expectations among…

Crashed Hard Drives: When in Doubt, Don’t Throw It Out

Originally published on New York Law Journal. By Stephen M. Kramarsky Just about every practicing litigator has a story about electronically stored information, or ESI: how it won the case or lost the case or turned up or disappeared. It’s fair to say that electronic discovery has entirely transformed litigation over…

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