E-Discovery Checkpoints Part 3

dan.johnson@lexisnexis.com (Dan Johnson) — Wed, 01 May 2013 15:00:00 -0400

E-Discovery Checkpoints: A 360-Degree View-Part 3

Identifying, Assembling and Sorting the Data From the Inside

By Susan Winchurch, J.D.

In complex litigation involving discoverable documents numbering in the tens of thousands, the first critical steps in the discovery process are taken in-house.

LexisNexis recently assembled four speakers for a Webinar to address the critical early stages of discovery, presenting the perspectives of a U.S. Magistrate Judge, an experienced e-discovery litigator, a corporate data security executive and a litigation technology expert, in a complex hypothetical

Federal Judge Orders Defendant to Hire a Vendor

dan.johnson@lexisnexis.com (Dan Johnson) — Wed, 01 May 2013 16:18:00 -0400

Having "Difficulty" Complying with Discovery Orders? Then Get-And Pay-For an E-Discovery Vendor, Court Says

In case anyone didn't get the memo, please be aware that just because you don't have the data, it doesn't mean you don't control it and can't produce it.

In yet another example of magistrate judges taking the lead in the use of e-discovery vendors and

What Infinite E-Discovery Searches Need is a Reboot, Not Kumbaya

dan.johnson@lexisnexis.com (Dan Johnson) — Wed, 01 May 2013 16:17:00 -0400

You've been tromping through the desert for days. Your skin is starting to look like a forgotten hot dog on a backyard grill. Parched, you think you could drink a swimming pools worth of water. But somewhere between a glass of water and a thousand gallons, you've had enough. Drink too much and you will simply drown. It's important to know when it is time to say, "That was refreshing. I'm done. Please pass the Solarcaine

Controlling E-Discovery Costs in a Big Data World

dan.johnson@lexisnexis.com (Dan Johnson) — Wed, 01 May 2013 16:17:00 -0400

Legal IT professionals are all too aware that the task of managing large mountains of data has always been a defining characteristic of our industry. Now that we've had to layer on the explosion of digital and social media content, we've got a whole new set of challenges in front of us. The attorneys we support are looking to us for new approaches to help them make sense of all this data.

The World of Big Data

In particular, lawyers are taking greater notice of the legal, ethical and technological

Big Data: What It Is And What It's Good For

Tue, 23 Apr 2013 15:53:00 -0400

Are you or your outside law firms using data analytics to identify profitability of individuals or specific matters? Or to support or refute claims and allegations? Or to spot and exploit trends and opportunities? While definitions may vary, these are some of the things made possible by "big data," according to legal and technical experts who shared their insights during a one-hour panel discussion hosted by LexisNexis® Litigation Solutions at LegalTech® New York on Jan. 30, 2013. Speaking to a packed conference room, the panel comprised four thought leaders who were moderated by nationally

Predictive Coding: A Primer

Mon, 25 Mar 2013 15:23:00 -0400

By Amy Jane Longo and Usama Kahf

[Editor's Note: Amy Longo is a partner at O'Melveny & Myers LLP and a member of the Firm's Financial Services and Electronic Discovery and Document Retention Practices. Usama Kahf is an associate and a member of the Firm's Labor and Employment Pratice. Both are resident in O'Melveny's Los Angeles office. The opinions expressed in this article do not necessarily reflect the views of O'Melveny or its clients, and should not be relied upon as legal advice. Copyright © 2013 by Amy Jane Longo and Usama Kahf. Responses to this commentary are welcome.]

Having gained judicial approval - or acknowledgement - in fewer than a handful of cases, the method for collecting and reviewing electronic documents for discovery known as "predictive coding" appears to be "trending" - to borrow a term from social media culture. One way to

To Define “Data Privacy,” You Will Need a Map, a Calendar and a Clock

Fri, 15 Mar 2013 11:58:00 -0400

What is "data privacy"? It is a lot like asking what "food" is. The answer depends on where you are, who you are, what time it is and how hungry you are. Breakfast in Japan often comprises miso soup, grilled fish and white rice. In America it might be eggs, bacon, toast or Rice Krispies. Menu items leading up to Medieval times would turn your stomach. Ask today's food editor at The New York Times® and an 18th century native of the South Pacific and you will get

E-Discovery Checkpoints: A 360-Degree View – Part 2: The Lawyer’s Perspective

Fri, 01 Mar 2013 11:52:00 -0400

When it comes to network hacking, corporate espionage, intellectual property theft and managing massive volumes of data in a multi-million-dollar business dispute, everyone can pretty much plan to check their joysticks at the door.

LexisNexis recently assembled four speakers to address the critical early stages of discovery, presenting the perspectives of a U.S. Magistrate Judge, an experienced e-discovery litigator, a corporate data security executive and a litigation technology expert, in a complex case involving a dizzying volume of potentially discoverable information. This is the second in a four-part series covering what the speakers had to say. This article will address the role of the attorney in the process-from preservation

Big Data & E-Discovery: Your New Resource in Telling a Better Story

Fri, 01 Mar 2013 11:48:00 -0400

Are you using data analytics to identify profitability of individuals or specific matters? Or to support or refute claims and allegations? Or to spot and exploit trends and opportunities? While definitions may vary, these are some of the things made possible by "big data," according to legal and technical experts who shared their insights during a panel discussion hosted by LexisNexis® Litigation Solutions at LegalTech® New York on Jan. 30, 2013. Speaking to a packed conference room, the panel comprised four thought leaders who were

William A. Ruskin: Predictive Coding: Will E-Discovery Swallow The Judicial System?

wruskin@placeholder.com (William A. Ruskin) — Tue, 05 Feb 2013 16:53:00 -0400

By William A. Ruskin

In an earlier article, we discussed the significance of Magistrate Judge Andrew J. Peck's (SDNY) opinion in Da Silva Moore v. Publicis Groupe [enhanced version available to lexis.com subscribers], a highly publicized decision that approved of the use of

Insurer’s Contractual Access To Agent Files Qualifies As Control Under FRCP 34

Fri, 01 Feb 2013 13:21:00 -0400

The contractual right to something-even if you don't have it in your hands-can qualify as possession, custody and control.

This is how the U.S. District Court for New Jersey saw it recently in holding that the contractual right to have access and control over independent title insurance agent files, even without physical possession, was enough to establish "possession, custody, and control" under Federal Rule of Civil Procedure 34. The court determined that First American Title Insurance Company was required, therefore, to instruct its agents to preserve those documents.

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There Is Nothing Like The Real Thing: Copied And Pasted Data Insufficient Under Rule 34, Court Rules

Fri, 01 Feb 2013 12:01:00 -0400

When you're expecting a swell gift-and when only a name brand will do-it is hard to fake a smile of gratitude when you tear off the wrapping paper to reveal your brand new R-Manny suit. You look at it in dim light and without your glasses. You try to convince yourself it's just as good. But as you stand there, trying to imagine convenient applications of a jacket with one sleeve that is four inches longer than the other, you know there is nothing doing.

A litigant seeking data in this discovery story probably felt the same way. And so did the court. One hundred pages of printed material, consisting of an email document containing copied and pasted materials excerpted from blog and website

In A Lurid Story Of E-Discovery And Ham, Magistrate Judge Tells Parties To Pay For A Forensic Expert To Sort Through The Data

Fri, 01 Feb 2013 11:58:00 -0400

In case you read the E-Discovery Brief to your kids at night, please be aware that this article contains sexual content not suitable for children under the age of, well, it's just not suitable. This is a story that involves sexual harassment, text messages, amorous Facebook^® musings, foul language, and ham-ham that is smoked for more than 20 hours "then finished with a sweet crunchy glaze." Also, this story involves electronic discovery.

In this story, the Equal Employment Opportunity Commission (EEOC) brought claims against the Original HoneyBaked Ham Company of Georgia, Inc. HoneyBaked allegedly subjected female employees to sexual harassment and retaliated

Covington & Burling LLP: Electronic Discovery in Insurance Coverage Litigation

Wed, 23 Jan 2013 15:36:00 -0400

By P. Benjamin Duke and Mari K. Bonthuis, Attorneys, Covington & Burling LLP

Apple® Products: Sturdy Security, PC Differences Require Special Attention in Discovery

Sun, 13 Jan 2013 14:20:00 -0400

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, loved by the likes of artists, designers and educators-but not the average cubicle jockey or corporate exec. That was the domain of Windows^® PCs. As people came to love their iPod^®digital devices they became more familiar with the Apple way of doing things. At the same time, cross-platform compatibility barriers were coming down, meaning a PC user could buy a Mac and no longer feel like she was trying to plug her TV into a tree.

Attend any legal conference

E-Discovery Checkpoints: A 360-Degree View-Part 1

Sun, 13 Jan 2013 14:13:00 -0400

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 use a boxing metaphor, judges are clearly the "third man (or woman) in the ring," intent on making sure the fight doesn't get out of hand.

What boundaries are in place and what questions are asked early in the life of a case will prove critical to keep the proceedings in general-and costs in particular-from going through the roof. LexisNexis recently assembled four speakers to address the critical early stages of discovery, presenting the perspectives of a U.S. Magistrate Judge, an experienced e-discovery attorney, a corporate

Outbreak of Reason Reported in Northern District of California: New E-Discovery Guidelines Released

Sun, 13 Jan 2013 14:12:00 -0400

American litigators in high-stakes cases can be aggressive, clever, passionate, smart and, if necessary, ruthless. And costs be damned! It's how they roll. In fact, some people who study these things say that the testosterone levels of trial attorneys-males and females alike-are higher than their friends (or enemies) who don't go to court. It's all that aggression and passion! Even during some saliva tests, trial attorneys reportedly spat with greater enthusiasm and regular Joes and Janes.

But in some corners of the judicial system there seems to be an outbreak of reason and calm infecting our rancorous courtrooms which we're so proud of.

Yes, participants in the ongoing campaign to bring some

Use Predictive Coding and Get an E-Discovery Vendor, Judge Says, Or Tell Me Why You Shouldn't

Mon, 03 Dec 2012 17:55:00 -0400

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 laid back or merely observant role in the courtroom, allegedly enthralled by the performances of the legendary trial lawyers in his midst. True or not (probably not) there it was. When asked for her take, Ms. Lebowitz said, "He didn't want to look like he was judging anyone. He didn't want to come off as judgmental. I mean, who is he to judge?"

But appearing to be judgmental certainly was not the case recently when it came to judging the value and validity of predictive coding and electronic discovery vendors. Hon. J. Travis

U.S. Judge Says Plaintiff's Litigation Hold Doesn't Pass Smell Test, Directs It to Pay for Spoliation Probe

Mon, 03 Dec 2012 17:43:00 -0400

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 glimpse of at least one federal court's view on this, we look to the Oct. 2, 2012, decision in Scentsy v. B.R. Chase handed down by Hon. B. Lynn Winmill, Chief District Judge of the U.S. District of Idaho (No. 1:11-cv-00249-BLW, Oct. 2, 2012; 2012 U.S. Dist. LEXIS 143633) [enhanced version available to lexis.com subscribers].

You May Occupy Your Twitter Account, But Do You Own It?

Mon, 03 Dec 2012 17:32:00 -0400

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 bad news for bloggers, tweeters and texters, but may be good news if you are a litigant trying to gain access to social media data to support your case.

In this case - People v. Harris, No. 2011NY080152, 2012 N.Y. Misc. LEXIS 1871 (Crim. Ct. N.Y. Apr. 20, 2012) [enhanced version available to lexis.com subscribers]

Troutman Sanders LLP: 'Waive'-ing Goodbye To Privilege Protection

Troutman.Sanders@placeholder.com (Troutman Sanders) — Tue, 13 Nov 2012 17:01:00 -0400

The attorney-client and work product privileges are some of the oldest and most important evidentiary privileges in our legal system. The attorney-client privilege, in particular, is regarded by some as almost "sacred." Given their importance, you would think that these privileges would be closely safeguarded by attorneys and litigants - and, generally, they are. However, safeguarding these privileges is not always an easy task. As recent cases have shown, this is particularly true when electronic discovery

New Version Of LexisNexis Early Data Analyzer Features Enhanced Tools To Filter Out Files Not Relevant To E-Discovery

Tue, 13 Nov 2012 14:44:00 -0400

Other improvements include new user audit log for better monitoring of workflow, faster exporting of files and improved OCR tool

NEW YORK, November 13, 2012 - LexisNexis® Legal & Professional (www.lexisnexis.com), a leading global provider of content and technology solutions, today announced the release of LexisNexis^® Early Data Analyzer 1.2, an enhanced version of its electronic discovery software that includes new tools to help litigation professionals reduce costs by filtering irrelevant documents from the discovery process.

Launched in 2011, LexisNexis Early Data Analyzer enables litigation teams to quickly capture an entire document set

The Litigation Data Avalanche: Time To Move To The Cloud?

Tue, 06 Nov 2012 18:20:00 -0400

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 time to an unlikely example: the law firm mailroom.

Virtually every law firm started out with a small area somewhere in the office for managing the outgoing and incoming mail, package shipments and other related support services. For many firms, at some point in their growth trajectory

FTC Rules Get E-Discovery Makeover This Month

Tue, 06 Nov 2012 18:20:00 -0400

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 tailor. Others might have made them into kites. But most guys simply purchased new ties, kept wearing the fat ones in case they came flapping back into style, or they stopped wearing the contraptions altogether in the present Age of Informality.

Litigation can be a lot like those Russian matryoshka dolls. You know, the kind where you open one to find another, and another and another, etc.? This happens in litigation, when the parties lock horns over the search methods they will employ in e-discovery.

In the past, these disputes may have centered around opinions on what discovery techniques are best. However, with today's computer-assisted review technologies-which can examine infinitely more material than humans ever could-the risks of breaching attorney-client privilege

Litigation Resource Community E-Discovery

E-Discovery Checkpoints Part 3

Federal Judge Orders Defendant to Hire a Vendor

What Infinite E-Discovery Searches Need is a Reboot, Not Kumbaya

Controlling E-Discovery Costs in a Big Data World

Big Data: What It Is And What It's Good For

Predictive Coding: A Primer

By Amy Jane Longo and Usama Kahf

To Define “Data Privacy,” You Will Need a Map, a Calendar and a Clock

E-Discovery Checkpoints: A 360-Degree View – Part 2: The Lawyer’s Perspective

Big Data & E-Discovery: Your New Resource in Telling a Better Story

William A. Ruskin: Predictive Coding: Will E-Discovery Swallow The Judicial System?

Insurer’s Contractual Access To Agent Files Qualifies As Control Under FRCP 34

There Is Nothing Like The Real Thing: Copied And Pasted Data Insufficient Under Rule 34, Court Rules

In A Lurid Story Of E-Discovery And Ham, Magistrate Judge Tells Parties To Pay For A Forensic Expert To Sort Through The Data

Covington & Burling LLP: Electronic Discovery in Insurance Coverage Litigation

Apple® Products: Sturdy Security, PC Differences Require Special Attention in Discovery

E-Discovery Checkpoints: A 360-Degree View-Part 1

Outbreak of Reason Reported in Northern District of California: New E-Discovery Guidelines Released

Use Predictive Coding and Get an E-Discovery Vendor, Judge Says, Or Tell Me Why You Shouldn't

U.S. Judge Says Plaintiff's Litigation Hold Doesn't Pass Smell Test, Directs It to Pay for Spoliation Probe

You May Occupy Your Twitter Account, But Do You Own It?

Troutman Sanders LLP: 'Waive'-ing Goodbye To Privilege Protection

New Version Of LexisNexis Early Data Analyzer Features Enhanced Tools To Filter Out Files Not Relevant To E-Discovery

The Litigation Data Avalanche: Time To Move To The Cloud?

FTC Rules Get E-Discovery Makeover This Month