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 Have Enterprise Collaboration Tools Made Every Day “Casual Friday” When It Comes to Electronic Communications? March 11, 2023 by Daniel Miller 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... Read more » Employee Communications Slack Slack Channel Text Messaging and Other Real-Time Electronic Communications Trends & Emerging Issues
e-Lawyering 425 Business Article – “Collaboration Conundrum: Casual Connectivity Can Create Legal Risks” December 16, 2022 by Daniel Miller Reflecting on the new enterprise collaboration and remote work technologies adopted by many employers, Julie Anne Halter (Partner and e-DAT Practice Group Co-Chair) outlines a number of related legal consideration and risks associated with these techno... Read more » Data Preservation ESI Collection Litigation Hold Policy on Routine Records Management and Retention Records Retention Slack Speaking Engagements & Publications Text Messaging and Other Real-Time Electronic Communications
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 Attorney Mindfulness When Addressing Emails and Texts: ABA Formal Opinion Provides Ethical Guidance to Lawyers on Electronic Communications November 11, 2022 by Daniel Miller In their roles as advisors, advocates, counselors, negotiators, and client representatives, lawyers communicate extensively though electronic means, particularly email and increasingly text messages. However, the fact that use of these electronic commu... Read more » Email Emails Market Announcements Resources Text Messaging and Other Real-Time Electronic Communications Uncategorized
e-Lawyering Electronic Discovery Institute Article – “The New e-Discovery Wild West: Slack, Teams, Zoom, and Other Collaboration Technologies” October 28, 2022 by Daniel Miller The pandemic has spawned many new and exciting innovations, but many of those innovations have also created new risks. One such risk — and often a very material one — is that employees working at home have created a new “Wild West” of e-di... Read more » Custodians Data Preservation ESI Collection Slack Speaking Engagements & Publications Text Messaging and Other Real-Time Electronic Communications Trends & Emerging Issues