e-Lawyering ESI Protocols: Courts Hold Parties to Account for Failing to Comply with the Protocols They Negotiated May 19, 2023 by Daniel Miller 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 ... Read more » Cell Phone Data Cellular Phone Email Emails ESI Protocol Manual Review Metadata Spoliation Text Message Text Messaging and Other Real-Time Electronic Communications Trends & Emerging Issues
e-Lawyering First Pittsburgh “Under the Wire” CLE Seminar Features Presentation on E-Discovery “Hot Topics” November 18, 2022 by Daniel Miller The Pittsburgh office of K&L Gates recently hosted its first “Under the Wire” CLE seminar on November 15th, 2022. The CLE seminar was the first of a new series of in-person CLE events hosted at the K&L Gates Pittsburgh office. At th... Read more » Adequacy of Search/Identification or Collection Data Preservation Deleted and Ephemeral Data Duty to Preserve ESI Collection Failure to Preserve FRCP 37(e) Preservation (effective Dec. 1, 2015) Slack Speaking Engagements & Publications Text Message Text Messaging and Other Real-Time Electronic Communications
e-Lawyering Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018) December 17, 2021 by KLG PDF Import Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase Nature of Case: copyright dispute Electronic Data Involved: phone call recording Keywords: protective order, confidential phon... Read more » CASE SUMMARIES FRCP 26(c) Protective Orders Motion for Protective Order Motion to Compel Privilege or Work Product Protections Text Message
e-Lawyering Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018) December 17, 2021 by KLG PDF Import Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase Nature of Case: copyright dispute Electronic Data Involved: phone call recording Keywords: protective order, confidential phon... Read more » CASE SUMMARIES FRCP 26(c) Protective Orders Motion for Protective Order Motion to Compel Privilege or Work Product Protections Text Message
e-Lawyering Allen v. PPE Casino Resorts Maryland, LLC (D. Md. 2021) June 14, 2021 by Robertson Noreus Key Insight: Plaintiffs sought a protective order to prevent defendant from obtaining ESI from five different social media platforms they were active on. The court found that while a plaintiff’s social media postings could be relevant to a claim for “g... Read more » CASE SUMMARIES Cost Shifting Data Privacy Emotional Distress Damages Format Of Production FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 FRCP 26(c) Protective Orders FRCP 34(b) Procedure or Format Motion for Protective Order Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 26(g) Proportionality Social Media Text Message