2014: Winter Issue

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

$image 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...

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

$image 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...

Have Massachusetts Attorneys Resolved to Cooperate in 2014?

$image About 40 percent of Americans apparently make New Year’s resolutions. Of those, 8 percent are said to stick with them. So the vast majority of us either think we are fine as we are or have simply resigned ourselves to our current waistlines, how...

Weaving ESI into the Fabric of Your Case

$image 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...

Controlling E-Discovery Costs for Clients

$image 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...

When EDI is Accessible and Proportionally Affordable, Plan to Produce

$image 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...

Exporting Data to a Cloud Could Mean Importing Trouble

$image 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...

Are Controversial Changes to the Federal Procedural Rules on the Horizon?

$image BY: MICHAEL ARKFELD -- Are you familiar with the proposed amendments to the Federal Rules of Civil Procedure? You should be―they are controversial and change some of the key provisions regarding management, scope of discovery and sanctions for non preservation...

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

$image 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...

Corporate Counsel Group Offers Courts a Lesson in How Legal Departments Operate

$image At least when you cannot find a needle in a haystack, all you end up with is a lot of hay. Hay fever aside, you’ll live. Some would say that a single document among thousands is something like the needle, while others would say no, there are sophisticated...

Cloud Storage: The Promise and Threat of Efficiency

$image As with many innovations, the allure of shiny new objects and the promise of a better life can be irresistible even for the wisest among us. Sometimes those shiny new objects deliver all they promise and make you wonder how you lived without them. Others...

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

$image 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...

Google Says Gmail Scanning is Intended to Serve, Not Snoop

$image Sometimes the smell of success smells a lot like a courtroom. Like any powerful and global corporation, Google Inc. is no stranger to the fragrance, and much of the attention it’s getting centers around privacy. The latest challenge Google...

E-Discovery Checkpoints Part 3

$image 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...

Federal Judge Orders Defendant to Hire a Vendor

$image 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...

Controlling E-Discovery Costs in a Big Data World

$image 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...

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

$image 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...

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

$image 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...

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

$image 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...

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

$image 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...

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

$image 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...

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

$image 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...

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

$image It seems like they have been around much longer, but the first iPod ® was released by Apple Inc. 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...

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

$image 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...

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

$image 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...


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