LitSmart

As you recall, in December of 2015, the amended FRCP 26(b)(1) sought to address the escalating burdens associated with data preservation and production by emphasizing proportionality and defining the scope of discovery. As the latest proportionality rulings show, Rule 26(b)(1) is having an impact on limiting the scope of discovery based on the associated expense and some state courts are even following the federal courts’ lead in enforcing proportionality. Interestingly, while expense continues to be a factor in the proportionality argument, parties’ objections on the basis of proportionality have extended to nonmonetary factors as well, including privacy. As a result, some courts are now recognizing privacy as a consideration in determining whether the discovery sought is proportional to the needs of the case.

One of the greatest fears in any litigation matter is that you will somehow accidentally produce work product or attorney-client privileged documents to the opposing side and waive the privilege. As a result, it has become standard protocol for parties to enter into clawback agreements that protect sensitive electronically stored information (ESI). Clawback agreements allow parties to agree that the inadvertent production of privileged information will not automatically waive the privilege and provide a process for the return or destruction of that privileged material.

LitSmart Senior Project Manager Clara Skorstad represented Kilpatrick Townsend at the annual Hispanic League Spanish Nite Gala on April 6, 2019, as the firm was honored with the "Decade of Dedication Award." Clara, a member of the Board of Directors of the Hispanic Leage and Chair of the Education Committee, accepted the award on behalf of the firm for providing scholarships and support to the organization for the past decade.

LitSmart E-Discovery Of Counsel Katie King has been honored as a recipient of the Triad Business Journal's 2019 Outstanding Women in Business Award for her extraordinary contributions to the Triad area. Katie joins 23 other Triad leaders who have left an indelible mark on their professions, industries, and communities. Katie will receive her award at a special ceremony on April 4.

The North Carolina Pro Bono Resource Center recently profiled LitSmart E-Discovery Attorney Jarrad Smith's pro bono and volunteer efforts. After Hurricane Florence, Jarrad volunteered with the NC Pro Bono Resource Center as a pro bono attorney in the New Bern FEMA Disaster Recovery Center (DRC) interviewing clients and conducting intakes. He returned to New Bern for a FEMA Appeal and Restoration Clinic where he assisted clients seeking appeals of their disaster assistance decisions. 

This is Part Two of a continuing series on ESI basics. In this series, we cover some of the terms used most often on the tech-side of e-discovery. In Part One, my colleague, we provided an overview of PSTs. You can find that article here. Whether this is an introduction to you or a refresher, and whether you are an attorney, member of an in-house team or data analyst, this information may come in handy in your practice.