e-Lawyering In re Grand Jury: Supreme Court to Consider Attorney-Client Privilege in “Dual-Purpose Communications” November 4, 2022 by Daniel Miller Because of the volumes of information and the complexities of data found in many cases that require extensive electronic discovery, issues related to attorney-client privilege can require significant attention during the document search, review, and pr... Read more » Attorney-Client Privilege Privilege Privilege or Work Product Protections Trends & Emerging Issues
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
e-Lawyering New Data Privacy Considerations Heighten the Need for Attention to Records Management and Information Governance Practices October 21, 2022 by Daniel Miller Information governance and records management are important considerations for all organizations. New data and documents are generated at ever-increasing rates through the normal (and “new normal”) course of business, and these data and documents... Read more » Data Privacy Policy on Routine Records Management and Retention Trends & Emerging Issues
e-Lawyering K&L Gates Arbitration World Podcast: Virtual Collaboration Tools and their e-Discovery Implications in Arbitration and Litigation October 14, 2022 by Daniel Miller In a recent K&L Gates Arbitration World podcast, Julie Anne Halter (a partner in our Seattle office and co-chair of our e-Discovery Analysis & Techology (“e-DAT”) practice group) and Martin King (a partner in our London office who focuses on in... Read more » Custodians Data Preservation ESI Collection Slack Speaking Engagements & Publications Text Messaging and Other Real-Time Electronic Communications Trends & Emerging Issues
e-Lawyering Considerations for Social Media and Web Site Captures September 30, 2022 by Daniel Miller Social media and web site content may serve as key evidence for many types of legal matters, including trademark infringement litigation, defamation cases, and employment matters related to harassment and workers’ compensation. However, capturin... Read more » Data Preservation ESI Collection Social Media Trends & Emerging Issues
e-Lawyering iMessages Are No Longer Immutable: The Ability to Edit and Unsend iMessages Provided by Apple iOS 16 Spurs New E-Discovery Questions September 23, 2022 by Daniel Miller On September 16th, Apple released iOS 16, which now allows users to edit or unsend iMessages. A sender can edit an iMessage up to five times within fifteen minutes after the message is sent. A sender can also unsend an iMessage within two minutes after... Read more » Data Preservation Duty to Preserve Failure to Preserve FRCP 37(e) Preservation (effective Dec. 1, 2015) Spoliation Trends & Emerging Issues