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Federal Rule of Evidence 502 governs the treatment of inadvertent disclosures of privileged attorney-client communications or work-product materials. While Rule 502 is an evidence rule, the cases interpreting and applying it focus on its impact on the scope of discovery. Enacted by Congress in 2008, it was designed to address the growing risks of inadvertent disclosure in the era of e-discovery. The rule acknowledges the practical challenges of privilege review and aims to reduce the associated costs and uncertainties.

In the January 30, 2025 edition of The Legal Intelligencer, Kelly Lavelle writes, “The Importance of Federal Rule of Evidence 502 and Its Impact on Privilege.” Continue reading ›

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As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information (ESI). The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.

In the August 8, 2024 Edition of The Legal Intelligencer, Kelly Lavelle writes, “Impact of Blockchain on Data Preservation and Discovery.” Continue reading ›

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Despite the growing prevalence of the use of hyperlinks, only a handful of courts have addressed the issue of modern attachments to date.

In the June 10, 2024 edition of The Legal Intelligencer, Kelly Lavelle wrote, “Navigating the Shift: Understanding Modern Attachments in E-Discovery.” Continue reading ›

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There are avenues through which parties can seek recovery of e-discovery expenses. Parties should understand the basis upon which courts will allow recovery of these costs and establish reasonable limits on the scope of discovery at the beginning of the litigation process.

In the January 26, 2024 edition of The Legal Intelligencer, Kelly Lavelle wrote, “Strategies for Successful Recovery of E-Discovery Expenses.” Continue reading ›

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As technology continues to advance, legal professionals should embrace TAR as an invaluable tool in the search for efficient, accurate, and cost-effective legal document review.

In the October 26, 2023 edition of The Legal Intelligencer, Kelly Lavelle wrote, “Technology-Assisted Review: A Superior Approach in Legal Document Review.”

Technology-assisted review (TAR) has changed how lawyers manage and analyze vast volumes of electronic data in the ever-changing landscape of legal document review. Traditionally, search terms have been the preferred method in the e-discovery process. However, TAR is rapidly emerging as a superior alternative, offering numerous benefits over conventional search terms in legal document review. Continue reading ›

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Ethical issues in e-discovery arise due to the unique challenges and the complex nature of electronic data. The ethical challenges presented demand careful consideration and require lawyers to remain competent in emerging technology and the implications on e-discovery.

In the August 10, 2023 Edition of The Legal Intelligencer, Kelly Lavelle wrote “Beware of Ethical Issues in Today’s E-Discovery Landscape.” Continue reading ›

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ESI often contains confidential data, such as trade secrets, financial information, and personal data, and attorneys need to be aware of their obligations to protect this information and prevent unauthorized disclosure.

In the June 8, 2023 edition of The Legal Intelligencer, Kelly A. Lavelle wrote “Safeguarding Data Privacy in the E-Discovery Process.” Continue reading ›

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On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications—where the communications contain both legal and nonlegal advice.

In the January 26, 2023 edition of The Legal Intelligencer, Kelly Lavelle wrote “Impact of the Attorney-Client Privilege Purpose Requirement on E-Discovery” Continue reading ›

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