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One bad apple spoils the bunch

Published: March 6, 2018 1:32pm 858 Views

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.  H...

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

Published: December 4, 2017 4:00pm 797 Views

As printed in The Daily Record, December 4, 2017 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 executi...

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

Published: September 25, 2017 5:00pm 1674 Views

As published in The Daily Record, September 25, 2017 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 and, w...

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Should you be using TAR? Judge Peck recommends you do, but the choice is yours… for now.

Published: June 25, 2017 4:00pm 691 Views

As published in The Daily Journal, June 25, 2017 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 th...

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