Whether parties (and some nonparties) have possession, custody, or control over electronically stored information (ESI) is a key inquiry in defining their discovery obligations in a federal civil ...

When I was a younger lawyer, I would often hear the adage: “Parties who are in litigation wish they were in Arbitration and parties who are in Arbitration wish they were in litigation”. One reason for ...

Two particularly noteworthy topics in recent e-discovery litigation include: possession, custody, or control questions involving employee text messages; and the role and form of adverse inference ...