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Kathryn C. Cole represents large and small businesses, financial institutions, and individuals in virtually all aspects of federal and state court commercial litigation, arbitration and mediation, and before federal agencies and regulatory bodies. In addition to advising on electronic data and cyber-related issues, Katy has considerable experience in all areas of complex litigation including contract claims, product liability claims, tort claims, consumer class-action claims and securities class-action claims.

Slack, the collaborative workspace designed to streamline real-time communications between business teams, poses some challenges in the eDiscovery context (see our prior blog post). This blog post discusses a recent decision that explores the proper scope of discovery regarding Slack messages – specifically, whether each individual Slack message should be treated as a discrete

  1. Artificial Intelligence (AI) will increasingly be used for eDiscovery, but results could be a double-edged sword. The consensus within the eDiscovery community is that AI is a useful tool that attorneys should not fear. In fact, AI-based tools, such as predictive coding, privilege reviews, early case analysis, and incoming production analysis, provide vital support to

Facts

In Miramontes v. Peraton Inc., an employment discrimination case, plaintiff moved for sanctions against defendant for its failure to preserve text messages and a skills assessment related to plaintiff’s performance. Plaintiff – a senior supply chain business partner manager – was a 27-year employee of Prospecta when the company was acquired by defendant

Factual Background

Plaintiffs are former employees of Federal Reserve Bank of New York (Federal Reserve) whose employment was terminated when they refused to comply with Defendant’s requirement that its employees be vaccinated against Covid-19. Dkt. No. 24. Plaintiffs alleged that their terminations violated the Religious Freedom Restoration Act; the Free Exercise Clause of the First

Emojis Pose Challenges to Lawyers, Juries & Discovery Specialists

We have all used emojis.  Whether in our text messages or in our IMs, these wordless communications are commonplace.  In fact, by some estimates, more than 10 billion emojis are sent every day in various electronic messaging mediums. With the use of chat and mobile platforms

In re Diisocyanates Antitrust Litig., MDL 2862 (W.D. Pa. Jan. 26, 2023), is a multidistrict litigation concerning an alleged conspiracy to reduce supply and increase prices for methylene diphenyl diisocyanate (MDI) and toluene diisocyanate (TDI), precursor ingredients for the manufacture of polyurethane foam and thermoplastic polyurethanes.

During discovery, the parties filed various motions with

Data collection[1] can be technically rigorous and complex because it involves extracting potentially relevant electronically stored information (ESI) from native sources for processing, review, and production. Recognizing this complexity, an effective collection strategy likely involves both legal and IT professionals.

Once your team is established, you should decide what, among the materials preserved, should

This is the second post in a three-part series dedicated to discussing considerations at each stage of the eDiscovery process. Today’s post focuses on identifying and interviewing custodians.

Because it is critical to assess the nature and extent of a client’s electronically stored information (ESI), attorneys must identify ESI custodians[1] and find out what

It can be time-consuming to create workflows with each new litigation. And so, we offer three blog entries dedicated to considerations at each stage of the eDiscovery process.  Specifically, over the next three posts we will explore workflow considerations for each of: Preservation and Legal Hold Workflow; Custodian Identification and Interview; and Collecting and Producing with