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

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...

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

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 computer-assisted...

Testimony Of Financial Expert On Lost Profit Damages Excluded By North Carolina Court

The case of Blythe v. Bell is like the gift that keeps on giving. It generated two significant opinions last year, and this week a third and a fourth. The July 2012 opinion was a major e-discovery decision, and the December 2012 opinion addressed an important issue about the assignment of LLC interests...

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

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...

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

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...

LexisNexis Announces Major Release of Concordance Evolution

Enterprise review platform for e-discovery delivers exceptional speed and capacity NEW YORK — LexisNexis ® Legal & Professional ( www.lexisnexis.com ), a leading global provider of content and technology solutions, has announced a major new release of Concordance ® Evolution , the...

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

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...

Predictive Coding: A Primer

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...

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

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...

Norton Rose Fulbright: Proposed FRCP E-Discovery Amendments v.2.0

By David J. Kessler , Keith Matthew Angle and Jami Mills Vibbert On August 15, 2013, the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States published the Preliminary Draft of Proposed Amendments to the Federal Rules of Bankruptcy and Civil Procedure for public...

William A. Ruskin: Hand Over The Cash Or The Hard Drive Gets It!

By William A. Ruskin | In January 2013, GlaxoSmithKline (“GSK”) filed a complaint in New York state court alleging that its e-discovery vendor, Discovery Works Legal Inc., was “holding hostage over 20 terabytes of GSK’s most sensitive and confidential data, and threatened to...

Ballard Spahr LLP: Proposed eDiscovery Rule Would Bring Relief From Specter Of Sanctions

By Philip N. Yannella and Arash Micaily | The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery information, both paper and electronic...

Trend Spotting: Law Firms Seek to Enhance In-House E-Discovery Capabilities

BY: GEORGE SOCHA AND TOM GELBMANN, CO-FOUNDERS OF EDRM AND APERSEE -- Law firms are accelerating efforts to bring e-discovery in-house. We have seen a recent uptick in announcements that law firms have developed or expanded their internal e-discovery capabilities. Providers are quick to note each time...

Exporting Data to a Cloud Could Mean Importing Trouble

The concept of exporting might conjure up images of large shipping crates hoisted aboard ships or wheeled through the cargo bay doors of humongous transoceanic aircraft. What likely doesn’t come to mind is that invisible place where you back up your computer. But if you are saving data on a cloud...

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 burdensome, and if the related costs are something like .025% of the amount in controversy...

Norton Rose Fulbright: Rise Of Predictive Coding For Pharmaceutical Companies

By Jessica Sykora | Pharmaceutical and medical device companies in the midst of costly e-discovery battles and high-dollar litigation have more than likely heard the buzzwords "predictive coding" and "computer-assisted review" at some point during strategy sessions over how to...

Controlling E-Discovery Costs for Clients

By: Trent Walton -- Over the past several years, we’ve seen the emergence of early data assessment (EDA) software tools. EDA tools help control costs by first culling non-responsive and duplicate files, then further refining the document set by searching text and metadata to locate relevant files...

Weaving ESI into the Fabric of Your Case

By: Michael Kelleher -- A central case database where litigators track issues, witnesses, events, documents, to-do items and more is a vital tool for making e-discovery and litigation more efficient. While electronically stored information (ESI) is important, ESI rarely takes center stage in a closing...

Abbey Spanier LLP: Social Media Accounts Are Fair Game in Discovery

A recent Pennsylvania State Court order granting a defendant’s motion to compel the production of one of the plaintiff’s Facebook log-in credentials found that social media accounts– even if set to private –are fair game in discovery. In Largent v. Reed , Case No. 2009-1823...

Troutman Sanders LLP: E-Discovery In 2013: A Look Back To Plan Ahead

The consensus among most commentators tracking annual developments in eDiscovery law seems to be a collective yawn when it comes to evaluating 2013. No earth-shattering edicts were pronounced; no bright lines were drawn to simplify preservation obligations; no definitive guidance was announced on what...

First 2014 Update For California E-Discovery Practice Guide

We have just put the finishing touches on the latest update to the Matthew Bender® Practice Guide: California E-Discovery and Evidence . This release adds coverage of important 2013 California legislation and rules changes, as well as recent California and federal cases dealing with e-discovery issues...

Troutman Sanders LLP: Breaking the Seal: Does Using Third-Party eDiscovery Vendors Raise Privilege and Work Product Issues?

We’re not breaking news when we tell you that the exponential growth of electronic documents generated by clients has complicated the discovery process. Reducing this massive volume of information down to the relevant information needed to resolve a dispute requires the use of technology for collecting...

The Cost of Justice under a Microscope: Proposed Federal E-Discovery Rules Draw Volumes of Comments

An alien invasion. The Rapture. Changes in federal e-discovery rules. All three draw speculation and commentary around whether, when and how they will come to fruition. For now we will leave Judgment Day and Klingons for others to review; the most frightening and imminent threats are both the continuation...

Auto-deletion of Text Messages on Company and Personal Cell Phones among Reasons for $900K in Sanctions

As commentators lodge their support or dismay over proposed changes in federal e-discovery rules, cautionary tales continue to be written. When it comes to inadvertent disclosure, practitioners have lessons to learn from $900,000 in sanctions levied against two defendants whose failed data-preservation...

Ballard Spahr LLP: Federal Court Addresses Frequently Overlooked Nuances of Electronic Document Production

By Philip N. Yannella and Thomas J. Gallagher IV U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure governing document production. One rule requires...