To resolve electronic discovery issues early in legal proceedings, parties often negotiate ESI protocols that define the required formats of production, outline the scope of record preservation required for the matter, and address key issues regarding privilege, confidentiality, and other key discovery considerations. But what happens when parties establish requirements in their ESI protocols that […]
The suspense and anticipation were fun while they lasted, but proved quite short-lived for those of us excitedly awaiting the US Supreme Court’s consideration of an interesting question regarding attorney-client privilege. While oral argument was held in the case of In re Grand Jury, the US Supreme Court ultimately dismissed the case. As discussed in […]
Courts throughout the United States have different perspectives on the actions that constitute spoliation of evidence and the situations in which these actions should be sanctioned. Furthermore, as courts examine and re-examine these concepts over time, their perspectives shift. Therefore, attorneys, e-discovery practitioners, and parties in litigation must keep in mind the distinctions among different […]
K&L Gates participated in this week’s 2023 Legalweek in New York City. As members of our firm’s e-Discovery Analysis & Technology (“e-DAT”) Group attended panel discussions regarding emerging legal issues and met with vendors regarding evolving legal technologies, they noted three trends that were being discussed by everyone at the conference. 1) Generative Artificial Intelligence […]
Employees ten years ago could not have anticipated how quickly and completely our workplaces have evolved over the past decade. In the aftermath of the global pandemic, significant numbers of employees have transitioned to telecommuting for some or all of their workweeks. The enterprise collaboration platforms adopted by many workplaces to facilitate this transition include […]
As discussed in a prior post on this blog, electronic discovery that requires the processing and use of records and information that includes the personal data of individuals residing in the and the European Economic Area (“EEA”) must often incorporate measures to allow for compliance with the European Union’s General Data Protection Regulation (“GDPR”), which contains […]