E-Discovery. Solved.

LitSmart® E-Discovery is your partner in high stakes e-discovery matters. Our collaborative team of attorneys, paralegals, project managers and data analysts is dedicated to providing personalized solutions to your e-discovery, information governance and privacy needs throughout the world with a focus on security, defensibility, efficiency and controlling costs.

See Our Comprehensive Approach
See Our Comprehensive Approach

LitSmart E-Discovery

Don’t just litigate. LitSmart®! See how our award-winning team at LitSmart® leverages decades of experience in complex litigation, e-discovery and project management with best of breed technology in-house to provide comprehensive solutions that are superior to technology vendors or traditional law firms. Our team is the choice for savvy, streamlined and smart e-discovery.

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    Legal Updates

    Blurred Lines: Personal Devices, Proportionality, and Piercing the Work Product Privilege

    In a fairly short opinion and order, the district court in Weston v. DocuSign, Inc. analyzed whether the parties were entitled to the production of text messages from former employees’ personal devices and potential piercing of the attorney work product privilege. The issues in this opinion are not necessarily novel but illustrate significant concerns for litigants.

    In a world where the lines between our personal and private lives are increasingly blurry, the possibility of discovery on personal devices should come as a surprise to no one, and it is, of course, a litigation disaster to have the work product privilege protections pierced and to be ordered to turn over attorney notes, witness lists, and witness communications on the very subject of the litigation. So, what is the take-away for litigation counsel with respect to protecting the work product privilege?

  • White puzzle with missing piece that has a red puzzle piece the same shape lying on top of the puzzle that has the word evidence written on it
    Legal Updates

    Planting the Seeds of Accountability for Spoliation Sanctions

    When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The same facts and circumstances could yield vastly different outcomes depending on the answers to those questions. It is important to recognize up front, at the start of your case, how your jurisdiction may impact discovery issues that could arise later down the road so that you can plan accordingly. In the case in this post, while the court did not ultimately affirm the imposition of an adverse jury instruction for spoliation of evidence, it did find a duty to preserve existed based not only on the parties’ contract, but on evidence the party in question had promised to preserve such evidence. By contrast, the insurers failed to demonstrate that same party owed them a duty to preserve. 

  • Business man standing on a boat approaching a storm
    Legal Updates

    You’re Gonna Need A Bigger Boat: Data Management and E Discovery Strategy

    “You’re gonna need a bigger boat.” 

    This iconic line was uttered by Chief Brody in the 1975 blockbuster film Jaws when he first saw the massive size of the shark they were trying to catch. At that moment, Brody realized they were in completely over their heads, and the boat they had was not big enough to accomplish their task. While Quint’s Orca fishing boat and his traditional methods were capable of handling previous assignments, they were not going to be enough to take on the enormous shark they were chasing. 

    For better or worse, the digital environment we live in has resulted in an explosion in the number of documents and amount of information created and used by companies in their daily operations. A mid-sized company’s internal emails alone can run into the tens of thousands a day, and that is before factoring in reports, meeting minutes, studies, presentations, and other business documents. Adding in external emails and related attachments, you are looking at millions of documents a year. Because of this increased volume of data, companies dealing with potential litigation must adjust accordingly. 

    Like Brody, they need a bigger boat. An effective e-discovery strategy can provide companies with a bigger boat capable of handling even the most massive litigation matters.