E-Discovery Examiner: News, Views and Analysis from the E-Discovery Experts
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  • 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: Disclosing Review Methods

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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...
    on 6 Nov 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: Outbreak of Reason Reported in Northern District of California: New E-Discovery Guidelines Released

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    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...
    on 13 Jan 2013
  • 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
  • Blog Post: Trend Spotting: Law Firms Seek to Enhance In-House E-Discovery Capabilities

    LexisNexis Litigation Solutions LexisNexis Litigation Solutions
    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...
    on 1 Dec 2013
  • Blog Post: Are Controversial Changes to the Federal Procedural Rules on the Horizon?

    LexisNexis Litigation Solutions LexisNexis Litigation Solutions
    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 of evidence under certain circumstances...
    on 1 Dec 2013
  • Blog Post: Exporting Data to a Cloud Could Mean Importing Trouble

    LexisNexis Litigation Solutions LexisNexis Litigation Solutions
    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...
    on 1 Dec 2013
  • Blog Post: When EDI is Accessible and Proportionally Affordable, Plan to Produce

    LexisNexis Litigation Solutions LexisNexis Litigation Solutions
    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...
    on 2 Dec 2013
  • Blog Post: Controlling E-Discovery Costs for Clients

    LexisNexis Textmap Partner Admin LexisNexis Textmap Partner Admin
    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...
    on 22 Jan 2014
  • Blog Post: Weaving ESI into the Fabric of Your Case

    LexisNexis Textmap Partner Admin LexisNexis Textmap Partner Admin
    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...
    on 22 Jan 2014
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