LexisNexis® Legal Newsroom
Williams Mullen E-Discovery Alert: The Demise Of Linear Review

By Bennett B. Borden There is a familiar image from the 1920s of row upon row of bespectacled clerks, sporting green eye shades and clacking away on adding machines as they tracked and totaled the business of Wall Street. In the context of document review, a similar scene may still be observed; row...

Williams Mullen E-Discovery Alert: Why Document Review Is Broken

By Bennett B. Borden, Monica McCarroll, Mark Cordover & Sam Strickland The review of documents for responsiveness and privilege is widely perceived as the most expensive aspect of conducting litigation in the information age. Over the last several years, we have focused on determining why that is...

Williams Mullen: E-Discovery & Information Governance - What Is 'The Cloud' And Should I Store My Company's Data There?

By Monica McCarroll "The Cloud" is everywhere these days - Microsoft has a clever ad campaign directing consumers "to the Cloud"; Apple is launching "iCloud" to store all of your music, pictures and apps; and Google Docs has partnered with Box.net to simplify sharing...

Williams Mullen E-Discovery And Information Governance Team: 'No Harm, No Foul? No Way'

By Monica McCarroll and Stephen E. Anthony E.D. Va. Court issues adverse inference jury instruction for intentional bad faith deletion of emails despite the fact that many eventually were recovered from back-up tapes. The prompt issuance of litigation hold notice by counsel precluded default judgment...

Williams Mullen Alert: Will Federal Circuit's Model Order In Patent Cases Solve The E-Discovery 'Problem'?

By Monica McCarroll and John B. Swingle Chief Judge Rader of the Federal Circuit caused quite a stir among both the patent and eDiscovery bars when he unveiled a new Model Order intended to curb perceived abuses of eDiscovery in patent cases. Chief Judge Rader unveiled the Model Order during his September...

Williams Mullen E-Discovery And Information Governance Team: A Cautionary Tale For All Litigators And A Must Read For Virginia Attorneys

B y Bennett B. Borden and Monica McCarroll Judge Payne's Opinion in ePlus Inc. v. Lawson Software, Inc. is a "must-read" for all attorneys practicing in the E.D. Va. and a cautionary tale for all litigators. Judge Payne provides a primer as to what privilege is, when it can be asserted...

Williams Mullen Client Alert: Limiting eDiscovery In Advance In Material Contracts

By JAY BRUDZ and LAURENCE V. PARKER, JR. The Federal Rules of Civil Procedure were amended in 2006 to acknowledge the increasing significance of electronically stored information in litigation. These amendments and similar amendments to state rules have cemented the importance of electronic discovery...

Williams Mullen: Are You Sure You Want Those Documents? Then You Might Have To Pay For Reviewing Them

W.D. Va. Explicitly Holds that Courts May Consider the Cost of Reviewing Electronically-Stored Information for Privilege in Assessing Burden of Production and May Shift Cost to Requesting Party Based on Burden; Encourages Cooperation in Developing Privilege Review Protocols By Bennett B. Borden, Monica...