Litigation

Recent Posts

Controlling E-Discovery Costs for Clients
Posted on 22 Jan 2014 by 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... Read More

Outbreak of Reason Reported in Northern District of California: New E-Discovery Guidelines Released
Posted on 13 Jan 2013 by 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... Read More

When EDI is Accessible and Proportionally Affordable, Plan to Produce
Posted on 2 Dec 2013 by 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... Read More

Trend Spotting: Law Firms Seek to Enhance In-House E-Discovery Capabilities
Posted on 1 Dec 2013 by LexisNexis Litigation Solutions

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 that a law firm licenses their e-discovery software, for example Read More

‘Siri®, How Much Discoverable ESI is on My Smartphone?’
Posted on 30 Oct 2012 by 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"... Read More

ABA Provides Ethical Guidance on ESI; Pennsylvania, Florida Update Procedural Rules
Posted on 11 Sep 2012 by 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... Read More

E-Discovery Can Be Costly - But Not Doing It Right Can Cost Much More
Posted on 3 Aug 2012 by 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... Read More

Bankruptcy's Unique Characteristics Prompt Special Guidance From ABA Working Group
Posted on 5 Oct 2012 by 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... Read More

Connnecticut Court Orders Metadata Produced
Posted on 14 Mar 2012 by William A. Ruskin

By William A. Ruskin Connecticut state courts have not provided a rule to address electronic discovery that would give guidance to litigants in a manner similar to the federal rules. In a significant decision, issued on November 18, 2011, the Hon.... Read More

William A. Ruskin: E-Discovery Examined In Depth
Posted on 23 Jul 2012 by William A. Ruskin

By William A. Ruskin On July 16-17, 2012, Executive Counsel Institute conducted a cutting edge meeting in New York titled, "E-Discovery for the Corporate Market." The theme of the two day meeting was "Controlling Your E-Discovery Destiny... Read More

Perkins Coie On New 9th Circuit Guidelines On Electronically Stored Information
Posted on 23 Mar 2010 by LexisNexis Litigation Resource Community Staff

In this Emerging Issues Analysis, David F. Taylor, Lee Stein, Albert Gidari Jr., Patrick M. Collins, Pravin B. Rao and Joel R. Levin of Perkins Coie LLP examine a decision of the Ninth Circuit U.S. Court of Appeals in U.S. v. Comprehensive Drug Testing... Read More

William A. Ruskin: Crafting A Strong E-Discovery Proposed Order
Posted on 24 Sep 2012 by William A. Ruskin

By William A. Ruskin In an earlier article on January 5, 2012 , we discussed how New York practitioners should stay abreast of important new rules and proposed rules governing e-discovery in both the state and federal courts in New York. At that time... Read More

Predictive Coding: A Primer
Posted on 25 Mar 2013 by LexisNexis Litigation Resource Community Staff

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... Read More

New York's First Department Adopts Even More Of Zubulake
Posted on 15 Mar 2012 by William A. Ruskin

By William A. Ruskin On February 28, 2012, the Appellate Division, First Department, issued its decision in U.S. Bank N.A. v. GreenPoint Mortgage Funding, Inc ., 2012 N.Y. App.Div. LEXIS 1487 [ enhanced version available to lexis.com subscribers ]... Read More