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Thought leadership, news, and updates from CODISCOVR.
Spoliation Argument Gets Frosty Reception from Court Absent Intent – Case Law Update
September 21, 2023
A Maryland court denied a plaintiff’s motion for spoliation sanctions, finding that he did not meet his burden of demonstrating that the defendants had an “intent to deprive” him of lost data.
I Never Met-a-data I Didn’t Want to Collect – Case Law Update
September 12, 2023
In a case before the U.S. District Court for the District of Vermont, the court largely rejected the defendants’ arguments to avoid supplementation to their discovery production, and granted in part the plaintiff’s motions to compel.
Attorneys Must be in the eDiscovery Driver’s Seat – Case Law Update
August 25, 2023
A federal court considering a products liability case cautioned that attorneys may not rely on custodial self-collections and must instead test the accuracy of their clients’ discovery efforts.
This Director’s Emails Are Out of Control – Case Law Update
August 10, 2023
A federal court recently addressed a party’s request for access to the personal email account of the opposing party’s Director of Operations, finding that the requesting party failed to meet its burden of establishing that the account was in the opposition’s “control.”
AI Is Not Just eDiscovery’s Future — It’s Also Its Past – Thought Leadership
July 24, 2023
Lawyers can and should embrace generative AI technology for use in the eDiscovery context, utilizing a trust-but-verify approach — just as we have done for other AI technologies.
Nicole Gill Selected to Participate on Sedona Conference Working Group – Good News
July 18, 2023
Previously part of a brainstorming group, Gill will now be part of the drafting team to develop commentary on the topic of Exporting Data from the People’s Republic of China.
A Relevant Decision Regarding Relevancy Redactions – Case Law Update
June 28, 2023
In a recent contract dispute, the court held that relevancy redactions were allowable even though a protective order was in place.
Things Get Spicy When McCormick Attempts Document Dump in Contract Dispute – Case Law Update
June 13, 2023
A recent decision found that a party was required to review documents for relevance before producing them, relying on an ESI protocol provision stating a party’s obligation to conduct a reasonable search for documents.
Order’s Up: No Spoliation Sanctions for Cook’s Failure to Back-up Stolen iPhone – Case Law Update
May 31, 2023
A recent decision declined to find the requisite “intent to deprive” when a plaintiff was unable to produce text messages because his phone had been stolen and he had not taken measures to back up its contents, despite initiating litigation almost a year prior to the theft.
An Agent’s Emails are Within a Golfer’s Control: No Ifs, Ands, or Putts About It – Case Law Update
May 11, 2023
Joe Tate and Nicole Gill offer insight on a decision regarding possession, custody, or control in a recent case between PGA, Inc., and professional golfers.
Diverging "Possession, Custody, or Control" Tests Impact eDiscovery Outcomes—But Is a Uniform Standard Feasible? – Thought Leadership
May 08, 2023
CODISCOVR Counsel Nicole Gill was recently quoted in an article for Legaltech News on how diverging possession, custody, or control tests impact eDiscovery outcomes.
A Bad “Chat-titude” Regarding Discovery Can Lead to Sanctions – Case Law Update
May 05, 2023
In a recent decision, Google was sanctioned for its failure to suspend the auto-deletion of internal Google Chat messages following the issuance of a litigation hold
Cybersecurity Risks in Legal Practice – CLE Opportunity
May 03, 2023
On Tuesday, May 9, 2023, CODISCOVR Managing Director Joe Tate will be on the panel of Villanova University Charles Widger School of Law's upcoming CLE program.
Don’t Cry Over Spoliated Milk: The City of Seattle’s Egregious Spoliation of Text Messages – Case Law Update
April 18, 2023
A recent decision illustrates the importance of ensuring data is properly preserved following the onset of litigation.
Cautionary Tale: Make Sure Your Discovery Team Excels at Redactions – Case Law Update
March 23, 2023
This Justice Department mishap illustrates the importance of avoiding inadvertent disclosures of confidential information, which are difficult to put “back in the box” once it has been viewed by opposing counsel.
Practical Advice on Privilege Logs for Complex Cases – CLE Opportunity
March 22, 2023
On Wednesday, March 29, CODISCOVR Managing Director Joe Tate will speak at this CLE class in Washington, D.C., for new and more experienced attorneys alike seeking practical tips on drafting privilege logs.
TSCI Presents 2023 eDiscovery Negotiation Training: Practical Cooperative Strategies – CLE Opportunity
March 21, 2023
On Friday, March 24, CODISCOVR Managing Director Joe Tate will speak at The Sedona Conference Institute's program in Atlanta, Georgia, focused on practical strategies to avoid or resolve conflicts that commonly occur around electronically stored information.
Joe Tate Promoted to Member at Cozen O'Connor – Good News
March 20, 2023
CODISCOVR Managing Director Joe Tate has been promoted to Member at Cozen O'Connor.
You Can’t Always Get What You Want—But You Might Find, You Get What You Need – Case Law Update
March 07, 2023
Judges will ultimately determine the proportionality of discovery based on what they believe is essentially needed. That need is best defined by an appropriately negotiated ESI protocol with reasonable search terms.
Possession, Custody, and Control in the Era of eDiscovery – Thought Leadership
March 03, 2023
While the concepts of possession, custody, and control have blurred in our electronic world, there are a few emerging trends. CODISCOVR Counsel Joe Tate and Nicole Gill share insight.
What Keeps Philadelphia Law Firm Leaders Up at Night? Circumventing Practice Management Land Mines in Small & Mid-Sized Law Firms – CLE Opportunity
February 23, 2023
On Thursday, March 16, CODISCOVR Counsel Joe Tate and Nicole Gill, will speak at this seminar focused on workplace security, data protection, and crisis communications for small to mid-sized law firms.
The Intersection of Information Governance and eDiscovery – CLE Opportunity
February 02, 2023
On Tuesday, January 24, CODISCOVR Counsel Joe Tate and Nicole Gill spoke to the Association of Corporate Counsel's Litigation Network about the intersection of information governance and eDiscovery.
Exporting Data From the People's Republic of China
November 21, 2022
Nicole Gill will speak on the panel “Exploring Data From the People’s Republic of China” at The Sedona Conference Working Group 6 (WG6) Annual Meeting.
Nicole Gill Selected to Join The Sedona Conference Working Group Series 6 Brainstorming Group
November 16, 2022
Nicole Gill has been selected to join The Sedona Conference Working Group Series 6 Brainstorming Group (WG6) on the Data Security Law and Personal Information Protection Law in the People’s Republic of China.
‘Jacks and Jills of All Trades?’ Hard-to-Get eDiscovery Project Managers Face Growing Workloads
October 21, 2022
Joe Tate was quoted in an article published by Legaltech News that discusses organizations’ struggle to hire and retain eDiscovery project managers.
Sedona Conference’s 2022 eDiscovery Negotiation Training
April 05, 2022
Joe Tate and Nicole Gill attended the Sedona Conference's 2022 eDiscovery Negotiation Training.
How Information Governance Impacts the eDiscovery Process
February 04, 2022
Joe Tate and Nicole Gill published an article to The Legal Intelligencer discussing how as the eDiscovery lifecycle has matured, information governance has taken on a more prominent and important role as the foundational stage of the process.
Technological Solutions for eDiscovery Professionals
December 08, 2021
Nicole Marie Gill and Emily Plowcha published an article to Bloomberg Law discussing technological solutions for eDiscovery professionals when working remotely.
Inexperienced Attorneys Can Absolutely Get eDiscovery Jobs, But First They Need eDiscovery Experience
October 28, 2021
Joe Tate was quoted in an article published by Legaltech News discussing how he hasn’t seen the demand for eDiscovery talent in the market this high in years.
Ethical Challenges of Conducting eDiscovery in a Remote Work Environment
February 05, 2021
Joe Tate and Emily Plowcha contributed an article to The Legal Intelligencer discussing how the remote work environment has significantly impacted eDiscovery and the ethical obligations of attorneys in the ever-evolving technological and legal landscape.