E-Discovery Examiner: News, Views and Analysis from the E-Discovery Experts
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  • Blog Post: Electronic Evidence Is Threatened By A Computer’s Normal Use . . . And What Attorneys Can Learn From Monkeys

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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, deception or normal daily use, such as when files are overwritten. Given the fleeting and vulnerable...
    on 10 Jul 2012
  • Blog Post: U.S. E-Discovery Concepts Collide With International Privacy Policies

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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 whom are collaborating on that server--are in 10 other countries. As global companies work with data...
    on 10 Jul 2012
  • Blog Post: Predictive Coding: A Classic Battle Of Man Versus Machine?

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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. Carve out what you don't need, but leave the mountain. With the advent of the steam-powered...
    on 10 Jul 2012
  • Blog Post: Every Cloud Has a Lining. Whether It's Silver or Not Depends on You

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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 realities. One is that technological innovation means we have to buy something new and feel stupid...
    on 3 Aug 2012
  • Blog Post: E-Discovery Can Be Costly - But Not Doing It Right Can Cost Much More

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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 who can review each document in just 30 seconds to determine whether it should be produced. It is...
    on 3 Aug 2012
  • Blog Post: 2nd Circuit: Failure to Issue Hold Notice by Itself Not Enough for Discovery Sanctions

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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 spoliation. By doing this, the court was clear in disagreeing with an often-cited 2010 decision by...
    on 3 Aug 2012
  • Blog Post: Your Ability to Effectively Present Your Best Evidence Now Rivals Your Favorite (or Least Favorite) Talk Show

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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, then playing five clips of the same politico declaring his "life-long, unwavering,...
    on 11 Sep 2012
  • Blog Post: When Law Firm Revenue Morphs into an Expense It's Not Pretty

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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 butterfly, just as delicate as it is beautiful. And, if lucky enough to stay away from your windshield...
    on 11 Sep 2012
  • Blog Post: ABA Provides Ethical Guidance on ESI; Pennsylvania, Florida Update Procedural Rules

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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 Professional Conduct to guide lawyers on use of technology and confidentiality. Much of it comes down to one...
    on 11 Sep 2012
  • Blog Post: Bankruptcy's Unique Characteristics Prompt Special Guidance From ABA Working Group

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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 sitting and former judges, bankruptcy and litigation attorneys, law professors and a representative...
    on 5 Oct 2012
  • Blog Post: Judge Scheindlin Tells Government Agencies to Conduct Searches Again, Questions Keyword Searches by In-House Teams

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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 lumber, re-doing work or watching your deck fall off the back of your house. Apparently...
    on 5 Oct 2012
  • Blog Post: ‘Siri®, How Much Discoverable ESI is on My Smartphone?’

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    '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 "downward-facing pedestrian"), mobile device usage has exploded in just a few years...
    on 30 Oct 2012
  • Blog Post: FTC Rules Get E-Discovery Makeover This Month

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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...
    on 6 Nov 2012
  • Blog Post: The Litigation Data Avalanche: Time To Move To The Cloud?

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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...
    on 6 Nov 2012
  • Blog Post: You May Occupy Your Twitter Account, But Do You Own It?

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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...
    on 3 Dec 2012
  • Blog Post: U.S. Judge Says Plaintiff's Litigation Hold Doesn't Pass Smell Test, Directs It to Pay for Spoliation Probe

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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...
    on 3 Dec 2012
  • Blog Post: Use Predictive Coding and Get an E-Discovery Vendor, Judge Says, Or Tell Me Why You Shouldn't

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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...
    on 3 Dec 2012
  • Blog Post: E-Discovery Checkpoints: A 360-Degree View-Part 1

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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...
    on 13 Jan 2013
  • Blog Post: Apple® Products: Sturdy Security, PC Differences Require Special Attention in Discovery

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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 educators-but not the average cubicle jockey or...
    on 13 Jan 2013
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