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
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
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
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
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
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
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
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
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
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
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
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
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
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... Read More
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... Read More