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eDiscovery Update

eDiscovery Update: Courts hold that plaintiffs can sue under Illinois’ Biometric Information Privacy Act absent allegations of damages

Lawrence Bice

Have a hankering for that midday Snickers bar, but left your wallet at home? No problem. The vending machine in your office lobby will gladly accept your fingerprint as proof of payment. Left your fingerprint at home too? Well then, ...

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eDiscovery Update: Amended FRE 902 expands self-authentication to certain electronic data

John Larimer

Dear John, We are third-year law students at Syracuse University. We take class notes on laptops, pay bills online and get bank statements delivered electronically. None of us can remember the last time we actually printed something out on paper. ...

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eDiscovery Update: One bad apple spoils the bunch: bad faith destruction of ESI by a single employee can carry large sanctions

Dear John, My client recently became aware of a potential lawsuit and promptly issued a litigation hold. My client also held training sessions to ensure compliance with the hold. However, I suspect that one of the senior employees subject to ...

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eDiscovery Update: Will Kaepernick’s legal team get the personal cell phone records they seek?

Dear John, As a football fan and a newly admitted attorney, I have been following the Colin Kaepernick controversy with great interest. I read recently that as part of Kaeperrnick’s grievance against the NFL, team owners and league executives, who ...

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eDiscovery Update: Raising Objections to the Format of ESI Productions: Do it early and do it clearly

Dear John, I have a case in federal court in the early stages of discovery. My client possesses a significant amount of electronic data that I know I will need to produce. I have just received opposing counsel’s document demands ...

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eDiscovery Update: Judge Peck recommends using TAR, but choice is yours … for now

Dear John, I have a new case in federal court and I anticipate that both parties will need to sift through a high volume of electronically stored information (“ESI”) for potentially relevant documents. Opposing counsel wants the parties to take ...

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eDiscovery Update: Destruction of email does not lead to sanctions

Having a Solid Litigation Response Plan May Prevent Sanctions When does the destruction of email messages of a named plaintiff by the defendant’s IT department lead to sanctions? Apparently not in the matter of Auffarth v. Herald Natl. Bank (Supreme ...

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