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

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

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

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

Predictive Coding: A Classic Battle Of Man Versus Machine?
Posted on 10 Jul 2012 by 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... Read More

Electronic Evidence Is Threatened By A Computer’s Normal Use . . . And What Attorneys Can Learn From Monkeys
Posted on 10 Jul 2012 by 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... 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

You May Occupy Your Twitter Account, But Do You Own It?
Posted on 3 Dec 2012 by 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... Read More

Your Ability to Effectively Present Your Best Evidence Now Rivals Your Favorite (or Least Favorite) Talk Show
Posted on 11 Sep 2012 by 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... 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