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eDiscovery Academy

On-demand training and education in all things ediscovery

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Episode 162: Partners Insight, LLC v. Gill

Failure to ProduceNative FormatMetadataCost RecoveryManner of Production

The discussion focuses on the application of Federal Rule of Civil Procedure 34(b)(2)(e) concerning the form and manner of production of ESI during discovery, highlighting a case where plaintiffs sought native file formats and clearer organization of 180,000 documents produced in TIFF with metadata. Key takeaways emphasize the importance of specifying production requirements in advance, negotiating ESI protocols, and making a factual basis to support requests for specific formats or organization to ensure efficient and cost-effective discovery practices.

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Episode 161: In re Uber Techs., Inc. Passenger Sexual Assault Litig.

Attorney-Client PrivilegeClawbackIn Camera Review

This discussion addresses a nuanced discovery dispute involving the clawback of documents that Uber inadvertently produced, focusing on the application of attorney-client privilege to emails and attachments in a multidistrict litigation (MDL) setting. The Court’s analysis offers critical insights into how privilege is evaluated, emphasizing the importance of clear protocols for inadvertent disclosures and the value of early, detailed privilege analysis to streamline litigation and manage costs.

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Episode 160: Cahill v. Nike, Inc.

Protective OrderProportionalityBad FaithSanctionsExclusion of Evidence

In this case, the Court addressed sanctions following a plaintiff's counsel’s inadvertent disclosure of protected documents to a reporter, finding a violation of a protective order but determining the disclosure to be unintentional. The ruling highlights the importance of reviewing materials carefully before third party sharing and promptly notifying the court and opposing counsel of any inadvertent disclosures, especially when protective orders are involved.

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Take your professional skills to the next level with us

Case of the Week

Search and review the complete collection of episodes of the key cases covered weekly with analysis by Kelly Twigger

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Rules

Understand the language and meaning of the rules that create a roadmap for ediscovery

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Proportionality

Guidance on what proportionality means, the factors considered by courts and how to leverage proportionality in context of litigation

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The ESI Approach

Learn about the unique issues inherent in ESI and how to leverage them to save time and mitigate risk

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Webinars

Replay webinars from eDiscovery Assistant and our partners

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Project Management

Understand the keys to successful project management in ediscovery

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Technology

Understand the tools designed to help you better handle processes and data in ediscovery

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Document Review

Learn the strategy of document review and how to set up your ESI and team for efficiency and success in review

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Sources of ESI

Learn the key aspects of platforms that create, send and receive ESI and what you need to know for ediscovery

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International

Review content from other countries impacting issues and data in eDiscovery, AI, compliance and privacy.

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