ESI Collection – Electronic Discovery Law

e-DAT Practice Group Partner to Attend EDRM Detroit Symposium 2023

May 31 2023

Daniel Miller, a partner of the K&L Gates e-Discovery Analysis & Technology (“e-DAT”) Group and the firm’s Pittsburgh office, will attend this week’s EDRM Detroit Symposium 2023. Both Daniel and Krysta Slavik, an e-DAT Group Solutions Analyst based in Pittsburgh, are participating in committees for the “EDRM 2.0” initiative, which focuses on how e-discovery will evolve and adapt in light of advancements in artificial intelligence. The EDRM Detroit Symposium 2023 will feature meetings related to this new initiative, presentations about trends in electronic discovery, and a panel discussion on e-discovery missteps.

e-DAT Practice Group Co-Chair Quoted in Recent Article on Videoconference Recordings as Evidence

May 05 2023

Julie Anne Halter, a co-chair of the K&L Gates e-Discovery Analysis & Technology (“e-DAT”) Group and a partner in the firm’s Seattle office, was recently quoted in a Bloomberg Law article on the increasing focus of government investigators on videoconference recordings as evidence in their investigations. Many businesses quickly adopted the use (and recording) of videoconferences during the pandemic, and their retention practices concerning these recordings (often set by default) have resulted in some business maintaining large volumes of recorded videoconferences that are now subject to investigatory requests.

LexisNexis Practice Note – “E-discovery: Planning for and Conducting E-discovery (WA)”

Dec 23 2022

Focusing on procedural rules and case law particular to Washington, Julie Anne Halter (Partner and e-DAT Practice Group Co-Chair) and Bree Kelly (e-DAT Senior Staff Lawyer) provide practical guidance for the state’s legal practitioners on each step of the e-discovery process in their recent LexisNexis Practice Note.

425 Business Article – “Collaboration Conundrum: Casual Connectivity Can Create Legal Risks”

Dec 16 2022

Reflecting on the new enterprise collaboration and remote work technologies adopted by many employers, Julie Anne Halter (Partner and e-DAT Practice Group Co-Chair) outlines a number of related legal consideration and risks associated with these technologies in a 425 Business article published this week.

Celebrating e-Discovery Day: e-Discovery Exchange with Ellen Blanchard

Dec 01 2022

Today we celebrate World e-Discovery Day, an annual industry-wide event for lawyers and legal professionals to highlight the critical role e-discovery plays in our legal systems. To mark this occasion, the K&L Gates e-Discovery Analysis & Technology (“e-DAT”) Group is launching a series of Q&A videos with e-discovery industry veterans. In the first episode in this “e-Discovery Exchange” series, Ellen Blanchard and Julie Anne Halter explore the evolving nature of communication technologies in the hybrid and remote workplaces and their e-discovery implications.

First Pittsburgh “Under the Wire” CLE Seminar Features Presentation on E-Discovery “Hot Topics”

Nov 18 2022

The Pittsburgh office of K&L Gates recently hosted its first “Under the Wire” CLE seminar on November 15th, 2022. The CLE seminar was the first of a new series of in-person CLE events hosted at the K&L Gates Pittsburgh office.

At the inaugural seminar, Daniel Miller (a partner in our e-Discovery Analysis & Technology (“e-DAT”) practice group) and Laura Veith (an associate focusing on commercial litigation) presented on a number of e-discovery “hot topics.” The presentation emphasized how record preservation and collection efforts must adapt in light of clients’ increasing use of new technologies, including mobile devices and applications present on those devices, ephemeral messaging, and enterprise collaboration platforms, such as Microsoft Teams and Slack.

Electronic Discovery Institute Article – “The New e-Discovery Wild West: Slack, Teams, Zoom, and Other Collaboration Technologies”

Oct 28 2022

The pandemic has spawned many new and exciting innovations, but many of those innovations have also created new risks. One such risk — and often a very material one — is that employees working at home have created a new “Wild West” of e-discovery and data storage, where pandemic pioneers working in their homestead offices may have inadvertently escaped the well-controlled data storage environment in place in their workplace.

K&L Gates Arbitration World Podcast: Virtual Collaboration Tools and their e-Discovery Implications in Arbitration and Litigation

Oct 14 2022

In a recent K&L Gates Arbitration World podcast, Julie Anne Halter (a partner in our Seattle office and co-chair of our e-Discovery Analysis & Technology (“e-DAT”) practice group) and Martin King (a partner in our London office who focuses on international arbitration and complex commercial litigation and disputes) discussed virtual collaboration tools like Slack and Microsoft Teams and the e-discovery challenges, opportunities, and pitfalls these tools may present in the context of arbitration and litigation

Healthedge Software, Inc. v. Sharp Health Plan (D. Mass. 2021)

Key Insight:

Defendant filed a Motion to Compel Plaintiff to produce documents, including source code, and Plaintiff filed a Motion to Compel Defendant to disclose how it collected and searched its electronically stored information (ESI). The Court granted Plaintiff’s Motion while partially granting Defendant’s Motion.

A significant issue in both Motions was the respective parties’ collection of ESI. The Court noted that the parties failed “to engage in cooperative planning regarding ESI”, and directed the parties to confer regarding custodians and search terms of ESI collection and review. In partially granting Defendant’s Motion, the Court directed Plaintiff to further articulate its objections, but stated that some of Defendant’s discovery requests were premature even if Plaintiff was obligated to respond to them by the close of discovery.

Nature of Case: Breach of Contract

Electronic Data Involved: Electronic Documents, Source Code

Case Summary

Tag:ESI Collection