Posts on legal tech, litigation, & eDiscovery

It’s safe to say electronic evidence—text messages, digital photos, cloud storage, and the internet of things—will be involved in every new case you have. As a result, it’s important you prepare to produce and request electronic evidence from the...

Dateline on NBC has been on the air for nearly three decades and has become one of America’s favorite sources for true crime and real-world legal drama. Across the country, millions have tuned in weekly for years in order to learn the details of...

Text messages can be powerful evidence. We know from personal experience that they are ubiquitous, both in our personal lives and our work lives. A text is less formal than an email - shorter, quicker, and more likely to draw a quick response. Texts...

Facts mean a lot. The who, what, where, when, and why of cases can make all the difference in a case. Aside from finding the facts, there's also the important task of organizing them. If there are many facts, organization is what differentiates a...

Parties can subpoena corporate entities to produce a witness for deposition who can testify “about information known or reasonably available to the organization” pursuant to Fed. R. Civ. P. 30(b)(6). This witness is commonly known as the “Person...

Email is involved as evidence in nearly every legal case. In 2019, it's actually really hard to imagine a case where email wouldn't have some bearing on the outcome. Even "avid off-the-gridders" has a website, and monkeys are taking selfies! Nearly...

PDF files are used in almost every industry as the standard file type for a document that has reached its “final” form, such as a signed contract, a filed pleading, or a scanned document. In contrast, when we’re still editing a document, it will be...

Lawyers have to answer a very basic question in preparing a case for trial: How can we prove damages? In a patent case with a discovery dispute over lost-profit damages, the ultimate question was what damages were “adequate to compensate for the...

Video games have been a way of life since the first computers, from the basic games of the 1950s to Pac-Man Fever of the 1980s. The 21st Century has a new level of game play, with far more complicated games that were ever envisioned in the days of...

Electronically Stored Information (ESI) is far more than communications sent between parties; a party’s investigators can also create ESI. In a lawsuit brought by PETA against at a zoo for the treatment of animals under the Endangered Species Act,...