Litigation

Recent Posts

Every Cloud Has a Lining. Whether It's Silver or Not Depends on You
Posted on 3 Aug 2012 by 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... Read More

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

There Is Nothing Like The Real Thing: Copied And Pasted Data Insufficient Under Rule 34, Court Rules
Posted on 1 Feb 2013 by LexisNexis Litigation Resource Community Staff

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... Read More

When Law Firm Revenue Morphs into an Expense It's Not Pretty
Posted on 11 Sep 2012 by 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.... 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

Insurer’s Contractual Access To Agent Files Qualifies As Control Under FRCP 34
Posted on 1 Feb 2013 by LexisNexis Litigation Resource Community Staff

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... Read More

FTC Rules Get E-Discovery Makeover This Month
Posted on 6 Nov 2012 by 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... Read More

Use Predictive Coding and Get an E-Discovery Vendor, Judge Says, Or Tell Me Why You Shouldn't
Posted on 3 Dec 2012 by 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,... 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

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

To Define “Data Privacy,” You Will Need a Map, a Calendar and a Clock
Posted on 15 Mar 2013 by LexisNexis Litigation Resource Community Staff

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... Read More

U.S. E-Discovery Concepts Collide With International Privacy Policies
Posted on 10 Jul 2012 by 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... Read More

U.S. Judge Says Plaintiff's Litigation Hold Doesn't Pass Smell Test, Directs It to Pay for Spoliation Probe
Posted on 3 Dec 2012 by 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... Read More

Big Data & E-Discovery: Your New Resource in Telling a Better Story
Posted on 1 Mar 2013 by LexisNexis Litigation Resource Community Staff

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... Read More

The Cost of Justice under a Microscope: Proposed Federal E-Discovery Rules Draw Volumes of Comments
Posted on 1 Oct 2014 by LexisNexis Textmap Partner Admin

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... Read More