LexisNexis® Legal Newsroom
Apple® Products: Sturdy Security, PC Differences Require Special Attention in Discovery

It seems like they have been around much longer, but the first iPod ® was released by Apple Inc. in November of 2001. Suddenly many consumers were using a product made by the maker of Mac ® computers, loved by the likes of artists, designers and educators-but not the average cubicle jockey or...

William A. Ruskin: Defense Lawyers: Keep This Decision In Your Back Hip Pocket

By William A. Ruskin Having now completed discovery, you have provided the client with a thorough assessment of its potential liability exposure in the case. You are set for trial. On the eve of trial, plaintiff's counsel serves notice that it plans to call four eyewitnesses and an expert,...

LexisNexis Announces Major Release of Concordance Evolution

Enterprise review platform for e-discovery delivers exceptional speed and capacity NEW YORK — LexisNexis ® Legal & Professional ( www.lexisnexis.com ), a leading global provider of content and technology solutions, has announced a major new release of Concordance ® Evolution , the...

Predictive Coding: A Primer

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 a member of the Firm's Labor and Employment Pratice...

McNees Wallace & Nurick LLC: Finding The Facts Before The Lawsuit Begins: Pre-Complaint Discovery In Pennsylvania

By James J. Franklin and Erik B. Derr* You find yourself either facing the prospect of litigation or already embroiled in litigation. You want to discover information about the opposing party, the issues involved in the litigation, or your odds of success in litigation. Under what circumstances and...

Ballard Spahr LLP: Proposed eDiscovery Rule Would Bring Relief From Specter Of Sanctions

By Philip N. Yannella and Arash Micaily | The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery information, both paper and electronic...

Trend Spotting: Law Firms Seek to Enhance In-House E-Discovery Capabilities

BY: GEORGE SOCHA AND TOM GELBMANN, CO-FOUNDERS OF EDRM AND APERSEE -- Law firms are accelerating efforts to bring e-discovery in-house. 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...

Are Controversial Changes to the Federal Procedural Rules on the Horizon?

BY: MICHAEL ARKFELD -- Are you familiar with the proposed amendments to the Federal Rules of Civil Procedure? You should be―they are controversial and change some of the key provisions regarding management, scope of discovery and sanctions for non preservation of evidence under certain circumstances...

Exporting Data to a Cloud Could Mean Importing Trouble

The concept of exporting might conjure up images of large shipping crates hoisted aboard ships or wheeled through the cargo bay doors of humongous transoceanic aircraft. What likely doesn’t come to mind is that invisible place where you back up your computer. But if you are saving data on a cloud...

When EDI is Accessible and Proportionally Affordable, Plan to Produce

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 something like .025% of the amount in controversy...

Foley & Lardner LLP: Analysis Of Amendments To Federal Rules Of Civil Procedure 45 And 37

The Supreme Court of the United States has made significant amendments to Federal Rule of Civil Procedure 45, which became effective on December 1, 2013. Rule 45 governs the form, issuance, service, enforcement of, compliance with, and protection from, subpoenas in federal court. Due to the amendments...

Norton Rose Fulbright: Rise Of Predictive Coding For Pharmaceutical Companies

By Jessica Sykora | Pharmaceutical and medical device companies in the midst of costly e-discovery battles and high-dollar litigation have more than likely heard the buzzwords "predictive coding" and "computer-assisted review" at some point during strategy sessions over how to...

Controlling E-Discovery Costs for Clients

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 searching text and metadata to locate relevant files...

Weaving ESI into the Fabric of Your Case

By: Michael Kelleher -- A central case database where litigators track issues, witnesses, events, documents, to-do items and more is a vital tool for making e-discovery and litigation more efficient. While electronically stored information (ESI) is important, ESI rarely takes center stage in a closing...

Abbey Spanier LLP: Social Media Accounts Are Fair Game in Discovery

A recent Pennsylvania State Court order granting a defendant’s motion to compel the production of one of the plaintiff’s Facebook log-in credentials found that social media accounts– even if set to private –are fair game in discovery. In Largent v. Reed , Case No. 2009-1823...

Troutman Sanders LLP: E-Discovery In 2013: A Look Back To Plan Ahead

The consensus among most commentators tracking annual developments in eDiscovery law seems to be a collective yawn when it comes to evaluating 2013. No earth-shattering edicts were pronounced; no bright lines were drawn to simplify preservation obligations; no definitive guidance was announced on what...

First 2014 Update For California E-Discovery Practice Guide

We have just put the finishing touches on the latest update to the Matthew Bender® Practice Guide: California E-Discovery and Evidence . This release adds coverage of important 2013 California legislation and rules changes, as well as recent California and federal cases dealing with e-discovery issues...

U.S. Supreme Court: FSIA Does Not Limit Scope Of Post-Judgment Discovery

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 16 held 7-1 that the Foreign Sovereign Immunities Act (FSIA) does not shield the Republic of Argentina from post-judgment discovery requests issued by a debt collection company seeking information about the country’s extraterritorial...

Foley & Lardner LLP: Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice

By Thomas L. Shriner Jr. Two weeks ago, in an order given wide publicity nationally, federal District Judge Mark Bennett of the Northern District of Iowa issued sanctions in Security National Bank v. Abbott Laboratories , addressing what Judge Bennett perceived as abusive discovery conduct in a case...

Troutman Sanders LLP: Breaking the Seal: Does Using Third-Party eDiscovery Vendors Raise Privilege and Work Product Issues?

We’re not breaking news when we tell you that the exponential growth of electronic documents generated by clients has complicated the discovery process. Reducing this massive volume of information down to the relevant information needed to resolve a dispute requires the use of technology for collecting...

Ballard Spahr LLP: Federal Court Addresses Frequently Overlooked Nuances of Electronic Document Production

By Philip N. Yannella and Thomas J. Gallagher IV U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure governing document production. One rule requires...

McNees, Wallace & Nurick LLC: Data Encryption and Its Potential Effect on Litigation and Discovery

By Rachel R. Hadrick In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in data-encryption technology, however, have also caused concern...

Peter S. Vogel: 7 Reasons For You To Worry About eMail eDiscovery

By Peter S. Vogel eDiscovery is the monster that ate Cleveland and email is the most significant volume of ESI in eDiscovery, and IDC “estimates that as much as 60% of this business-critical information is stored in email and other electronic messaging tools” and as result “email...

E-Discovery: We Still Haven’t Found What We’re Looking For

By Steven C. Bennett [1] | E-discovery, like the computer and telecommunications economy from which it derives, has come a long way. Today, more than ever, in large case and small, “e-discovery IS discovery.” Yet, despite more than 20 years of development of the commercial internet (and...

Pennsylvania State Court Jury Awards $500,000 In Risperdal Gynecomastia Trial

PHILADELPHIA — (Mealey’s) After a three-week hiatus for the production of newly discovered defense data about the safety of Risperdal and three more days of testimony, a Pennsylvania state court jury on Dec. 11 found that Janssen Pharmaceuticals Inc. and parent company Johnson & Johnson...