Electronic Discovery Law – Legal issues, news and best practices relating to the discovery of electronically stored information.

e-DAT Practice Of Counsel Featured on Altorney’s On the Road to Legalweek Podcast

Feb 08 2024

Alicia Hawley, of counsel with the firm’s e-Discovery Analysis and Technology (e-DAT) practice, recently joined alternative document review platform Altorney’s On the Road to Legalweek podcast series to discuss her upcoming Legalweek session, “The GAI Paradox: Torn Between Fear and Desire.” This session will explore the conflicting emotions faced by legal professionals as generative AI transforms the e-Discovery industry.

Celebrating World E-Discovery Day

Dec 07 2023

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 system. Our e-Discovery Analysis and Technology group is continuing a series of Q&A videos to mark the occasion. In this episode, Julie Anne Halter, Carolyn Austin, and Krysta Slavik discuss artificial intelligence and e-discovery.

e-DAT Practice Group Partner and Solutions Analyst to Attend ILTACON Annual Conference 2023

Aug 17 2023

Rachel Tausend, a partner of the K&L Gates e-Discovery Analysis & Technology (“e-DAT”) Group and the firm’s Seattle office, and Krysta Slavik, an e-DAT Group Solutions Analyst based in Pittsburgh, will attend the ILTACON Annual Conference 2023, which begins this Sunday.. Both Rachel and Krysta will participate in panel discussions at the conference, which features a wealth of programs, educational content, and networking opportunities for the legal leaders, managers, professionals, and technologists in attendance.

What Drives Progress in Information Governance (and Why Does It Matter)?

Aug 04 2023

Last month’s Master’s Conference in London included presentations and discussions on issues relevant to electronic discovery, including artificial intelligence and different jurisdictions’ legislative and regulatory responses to that new technology, project management and legal operations issues, document review platforms, cross-border discovery, information governance, and data privacy. During these discussions, participants noted that the factors compelling organizations to improve their information governance and records management practices have changed over time.

e-DAT Practice Group Partner to Attend Upcoming ABA Program and Master’s Conference in Europe on E-Discovery and Data Privacy

Jul 17 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 ABA Cross-Border Institute in Paris. Daniel will also participate on a panel discussion at next week’s Master’s Conference in London.

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.

ESI Protocols: Courts Hold Parties to Account for Failing to Comply with the Protocols They Negotiated

May 19 2023

To resolve electronic discovery issues early in legal proceedings, parties often negotiate ESI protocols that define the required formats of production, outline the scope of record preservation required for the matter, and address key issues regarding privilege, confidentiality, and other key discovery considerations. But what happens when parties establish requirements in their ESI protocols that they later cannot fulfill? Three recent case opinions reflect how courts can react negatively to such situations.

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.

Update on In Re Grand Jury: US Supreme Court Dismisses Case Regarding Attorney-Client Privilege in “Dual-Purpose Communications”

Apr 21 2023

The suspense and anticipation were fun while they lasted, but proved quite short-lived for those of us excitedly awaiting the US Supreme Court’s consideration of an interesting question regarding attorney-client privilege. While oral argument was held in the case of In re Grand Jury, the US Supreme Court ultimately dismissed the case.

New Opinion by Washington Court of Appeals Identifies Limits on When Sanctions for Spoliation May Be Applied Under Washington Case Law

Apr 07 2023

Courts throughout the United States have different perspectives on the actions that constitute spoliation of evidence and the situations in which these actions should be sanctioned. Furthermore, as courts examine and re-examine these concepts over time, their perspectives shift. Therefore, attorneys, e-discovery practitioners, and parties in litigation must keep in mind the distinctions among different jurisdictions’ definitions of spoliation and their standards for when, and what types, of sanctions should be applied in light of such spoliation.

In its recent decision Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) PLC, __ P.3d __ (Wash. Ct. App. Mar. 27, 2023), the Washington Court of Appeals, Division 1, discusses the evolution of Washington case law on spoliation of evidence and provides clarity around the circumstances that would justify the imposition of spoliation sanctions in this jurisdiction. Interestingly, the limits identified in this opinion regarding when spoliation sanctions are available differ from those in place in the federal courts and the courts of other states.