Electronic Discovery Responses
Watershed 9th Circuit Opinion is Protective of Privacy on Electronic Devices
Emily E. Duke, April 2013
Litigant Allowed to Clawback Privileged Documents Despite Limited Attempt to Prevent Initial Disclosure
Andrew F. Johnson, February 2013
Federal Court Chastises Company for “Hands-Off” Approach with its E-Discovery Vendor
Sten-Erik Hoidal, February 2013
Does A Company Have A Duty to Issue a Litigation Hold to Its Independent Agents Or Contractors?
Timothy M. O’Shea, February 2013
Taxation of E-Discovery Costs – What Might You Be On the Hook for at the End of the Case?
Emily E. Duke, May 2, 2012
Federal Circuit Unveils Model Order That Limits E-Discovery in Patent Cases
Timothy M. O’Shea, November 2011
Privacy in the Cloud – Who is Protected by the Electronic Communications Privacy Act?
Emily E. Duke, October 2011
Pitfalls of Electronic Privilege Review
Emily E. Duke, October 2011
Document Preservation: Toeing the Attorney-Client Privilege Line
Emily E. Duke, October 2011
Sanctions Denied Because DuPont Implemented and Updated Its Litigation Hold Notices
Timothy M. O’Shea, August 2011
Texas Court Rules Defendants Had No Duty to Preserve Back-Up Tapes
Cynthia A. Moyer, July 2011
Judge Scheindlin Withdraws eDiscovery Opinion in Nat'l Day Laborer Org. v. ICE
Lousene M. Hoppe, July 2011
The Rambus Decisions: Pre-Litigation Strategy Can Be Grounds for Spoliation Sanctions, Including Dismissal
Cynthia A. Moyer, May 2011
New Decision Highlights Uncertainty Regarding Litigation Hold Requirements
Andrew F. Johnson, May 2011
Proposed Changes to the Electronic Communications Privacy Act (ECPA)
Lousene M. Hoppe, May 2011
Software Glitch, Resulting in Inadvertent Disclosure, Does Not Waive Privilege
Cynthia A. Moyer, May 2011
When Your Facebook “Wall” Comes Tumbling Down
Emily E. Duke, April 2011
Consequence for Failure to Impose a Litigation Hold – Monetary Sanctions and More
Cynthia A. Moyer, April 2011
E-Discovery Preservation and Production: Sanctions Are on the Rise – Plan Well, or Watch Out!
Emily E. Duke, March 2011
Warning: What You Text May be Used Against You
Lousene M. Hoppe, March 2011
How Not to Handle E-Discovery
Andrew F. Johnson, March 2011
Cloud Computing – Where’s My Data?
Emily E. Duke, March 2011
Counsel’s Obligation to Meet and Confer Regarding Electronically Stored Information
Lousene M. Hoppe, February 2011
Spoliation Sanctions and Concerns Over the Lack of Uniform Standards
Timothy M. O’Shea, December 15, 2010
(as it appeared in
Bar Talk, Minnesota Chapter of the Federal Bar Association, Volume IV, Issue II, pp. 16-17)
Preserving Electronic Information: Avoiding Pitfalls
Dulce J. Foster & Oliver Fuchsberger, Minnesota Lawyer, October 11, 2010
Spoliation of Electronic Evidence: A Judicial Boiling Point?
Emily E. Duke & Cynthia A. Moyer, Summer 2010
(As it appeared in Pretrial Practice & Discovery, Volume 18, Number 4, American Bar Association)
A Tale of Two Companies: A Guide to Preserving Electronic Information in A Crisis
Dulce J. Foster & Oliver Fuchsberger, March 4, 2010
The Virtual Smoking Gun: The Role of Email in White Collar Cases
Dulce J. Foster, January 2005