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Electronic Evidence Is Threatened By A Computer’s Normal Use . . . And What...
With the exception of your most embarrassing emails or photographs from, say, a tequila bar in Cancun--which seem blessed with immortality--digital data are frequently and easily lost through error,...
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U.S. E-Discovery Concepts Collide With International Privacy Policies
It's not unusual for a company to be involved in litigation where it is based in one country, its servers are in another country, the relevant subsidiary is in yet another, and its employees--all of...
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Predictive Coding: A Classic Battle Of Man Versus Machine?
American folk hero John Henry was what was known as a steel-driver. Not an occupation for the meek, a steel-driver hammered and chiseled away at giant mountains of rock to carve out railroad tunnels....
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Every Cloud Has a Lining. Whether It's Silver or Not Depends on You
OK, we realize that our headline sounds like something we pulled from a fortune cookie, but that doesn't change the fact that when it comes to technology we are dealing with a couple of irritating...
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E-Discovery Can Be Costly - But Not Doing It Right Can Cost Much More
Say you have a fairly complex piece of litigation and you have a million documents to review. And let's be nostalgic and go with an entirely human solution. You have a group of $150-an-hour attorneys...
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2nd Circuit: Failure to Issue Hold Notice by Itself Not Enough for Discovery...
The U.S. Second Circuit Court of Appeals has rejected the notion that a failure to institute a litigation hold constitutes the kind of per se gross negligence that warrants sanctions for evidence...
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Your Ability to Effectively Present Your Best Evidence Now Rivals Your...
An effective way The Daily Show's Jon Stewart unravels politicians is to play a clip of a politician adamantly declaring his "life-long, unwavering, and impenetrable belief" that the world is round,...
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When Law Firm Revenue Morphs into an Expense It's Not Pretty
It's a wonder of nature. After spending week after week eating every green leafy vegetable in sight, a caterpillar forms itself into a chrysalis. Through the miracle of metamorphosis it emerges as a...
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ABA Provides Ethical Guidance on ESI; Pennsylvania, Florida Update Procedural...
In case you were thinking of playing fast and loose with digital client information, new rules require you to think again. The American Bar Association (ABA) recently amended the Model Rules of...
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Bankruptcy's Unique Characteristics Prompt Special Guidance From ABA Working...
Earlier this year the ABA ESI in Bankruptcy Working Group issued interim guidelines on the "scope and timing" of a party's obligation to preserve ESI in bankruptcy cases. The group comprises both...
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Judge Scheindlin Tells Government Agencies to Conduct Searches Again,...
As long as there have been saws, carpenters have lived by this axiom- "measure twice; cut once." To do the reverse and "save time" by skipping that second measurement too often results in a waste of...
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‘Siri®, How Much Discoverable ESI is on My Smartphone?’
'Siri®, How Much Discoverable ESI is on My Smartphone?' As anyone who has collided with someone staring at their smartphone and not where they are walking knows (known in Yoga circles as the...
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FTC Rules Get E-Discovery Makeover This Month
When really broad neckties went out of style, one solution might have been to take a pair of scissors to them and snip them to a modern-day width. Smarter guys might simply have taken them to a...
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The Litigation Data Avalanche: Time To Move To The Cloud?
By Matthew Gillis and Steven Berrent For those of us who are trying to look down the road and see where the litigation technology industry is headed, it might be instructive to take a look back in...
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You May Occupy Your Twitter Account, But Do You Own It?
If recent developments in New York Criminal Court are any indication, your social media, email and SMS texts are just as vulnerable to exposure as everyone has been saying they are. Such a trend is...
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U.S. Judge Says Plaintiff's Litigation Hold Doesn't Pass Smell Test, Directs...
Will your litigation hold meet a judge's expectations? And if not, what are the potential consequences? Are you looking at sanctions or millions of dollars' worth of forensic discovery? To get a...
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Use Predictive Coding and Get an E-Discovery Vendor, Judge Says, Or Tell Me...
Years ago, humorous writer Fran Lebowitz was asked about criticism of a judge overseeing one of the highest profile murder trials of all time. The jurist was taking heat for what people viewed as a...
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E-Discovery Checkpoints: A 360-Degree View-Part 1
Any image of a judge luxuriating on the bench like a silent referee on the elevated sidelines of the proceedings quickly melts away like tiny birthday candles when it comes to electronic discovery. To...
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Apple® Products: Sturdy Security, PC Differences Require Special Attention in...
It seems like they have been around much longer, but the first iPod® was released by AppleInc. in November of 2001. Suddenly many consumers were using a product made by the maker of Mac® computers,...
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When EDI is Accessible and Proportionally Affordable, Plan to Produce
In case you were in doubt, being asked to provide “easily accessible” digital records of thousands of paper documents you already produced may not be considered unreasonably cumulative, duplicative or...
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