More Litigation Articles


Yesterday’s Collection Woes Need Not Be Today’s (or Tomorrow’s) Problem

Collection is often considered the most technically rigorous and complex phase of e-discovery—it involves the acquisition of potentially relevant electronically stored information (ESI) from native sources into an eDiscovery platform for investigation or review. Collection is also the stage at which large and unexpected risks, time delays and unnecessary costs can quickly spiral out of control.

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Courts Disagree About the Key Work Product Doctrine’s Motivation Element

The work product doctrine requires: (1) litigation; (2) anticipation; and (3) motivation. And even though the work product doctrine rests on a single sentence in the Federal Rules, federal courts ironically take more varied approaches to the motivation element than they do toward the usually common law-based privilege protection.

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Labor & Employment

Tracking Workplace COVID-19 Litigation Trends, From Discrimination to Class Action Lawsuits

The COVID-19 pandemic has done a considerable amount for workplace litigation. Peter Wozniak, partner with Barnes & Thornburg, and Mark Wallin, of counsel with Barnes & Thornburg, discuss trends they’re seeing in litigation tracking.

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