LexisNexis® Legal Newsroom
The Legal Hold Notice is Privileged, but What About the Process?

By Dennis Kiker It is not an uncommon question: is my legal hold notice privileged? I've always contended that it is, and the court in Cannata v. Wyndham Worldwide Corp. , 2011 WL 3495987 (D. Nev. Aug. 10, 2011) agreed. However, the question that comes up less often, but was also answered by the...

LexisNexis In-House Advisory: Contracting For E-Discovery Competence

By Jeffrey Ritter, Esq., CEO and Founder, the Ritter Academy Managing digital information as evidence now requires that corporate clients of law firms think differently about the terms of their engagement letter with a law firm. In today's digital business environment, a law firm is no longer...

Connnecticut Court Orders Metadata Produced

By William A. Ruskin Connecticut state courts have not provided a rule to address electronic discovery that would give guidance to litigants in a manner similar to the federal rules. In a significant decision, issued on November 18, 2011, the Hon. Barbara Brazzel-Massaro, who sits in Complex Litigation...

New York's First Department Adopts Even More Of Zubulake

By William A. Ruskin On February 28, 2012, the Appellate Division, First Department, issued its decision in U.S. Bank N.A. v. GreenPoint Mortgage Funding, Inc ., 2012 N.Y. App.Div. LEXIS 1487 [ enhanced version available to lexis.com subscribers ], which adopted the standards established in the SDNY's...

Gain Control Of Your Corporation's E-Discovery

Gain control of your corporation's e-discovery In an effort to reduce cost and regain control of their data, more corporations are taking on the early challenges of e-discovery-a challenge that can be daunting if you don't have the right tools. Luckily, there are early data assessment solutions...

Free Download: How To Recapture The Discovery Fees Your Law Firm Used To Earn

Increasing Revenue and Reducing Overhead in the Era of Electronic Discovery By Kristin Branson E-discovery has grown from an atypical procedure required in special cases in the late 90s to one enveloping almost every litigation matter. It adds significant costs to almost every case. Without the...

William A. Ruskin: E-Discovery Examined In Depth

By William A. Ruskin On July 16-17, 2012, Executive Counsel Institute conducted a cutting edge meeting in New York titled, "E-Discovery for the Corporate Market." The theme of the two day meeting was "Controlling Your E-Discovery Destiny." The Colloquium Moderators, Brown E. Marean...

Max Kennerly On The New Pennsylvania Rules Of Civil Procedure Relating To Electronic Discovery

Effective Aug. 1, 2012, the Pennsylvania Rules of Civil Procedure will include, for the first time, rules specifically relating to electronically stored information. The amendments differ from the corresponding Federal Rules, adopting a "proportionality" approach that empowers judges to craft...

Max Kennerly: New Pennsylvania Rules Of Civil Procedure Relating To Electronic Discovery Take Effect Aug. 1

Effective Aug. 1, 2012, the Pennsylvania Rules of Civil Procedure will include, for the first time, rules specifically relating to electronically stored information. The amendments differ from the corresponding Federal Rules, adopting a "proportionality" approach that empowers judges to craft...

Every Cloud Has a Lining. Whether It's Silver or Not Depends on You

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 means we have to buy something new and feel stupid...

E-Discovery Can Be Costly - But Not Doing It Right Can Cost Much More

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 to determine whether it should be produced. It is...

Troutman Sanders LLP: Potential Conflicts Between The Duty To Cooperate With Respect To Pre-Trial ESI Discovery And The Duty To Protect Privileged Information

Under the Federal Rules of Civil Procedure, and many state court rules, parties to litigation have an affirmative duty to cooperate with respect to discovery. Complying with this obligation often involves the disclosure of information related to preserving, collecting, filtering, and producing electronically...

In Landmark E-Discovery Decision For North Carolina, Judge Rules Attorney-Client Privilege Waived

In a classic understatement, Judge Gale said in a North Carolina Business Court opinion last Thursday that " North Carolina case law addressing problems inherent in electronic discovery. . .is not yet well developed ." Op. ¶50. But in Blythe v. Bell , 2012 NCBC 42 [ enhanced version available...

Troutman Sanders LLP: 'Training' The System: The Benefits, Risks And Practical Applications Of Predictive Coding

By Troutman Sanders LLP If you are ever responsible for responding to discovery in a lawsuit, by now you may have heard of something known as "predictive coding." Touted by many as a "game changer" in the realm of electronic discovery, predictive coding combines people and technology...

LexisNexis Introduces New Version of Concordance Native Viewer

Enhanced version of application twice as fast, now includes "OCR on the Fly" capability for converting document images to text NEW YORK, October 18, 2012 - LexisNexis® Legal & Professional ( www.lexisnexis.com ), a leading global provider of content and technology solutions, today...

New Version Of LexisNexis Early Data Analyzer Features Enhanced Tools To Filter Out Files Not Relevant To E-Discovery

Other improvements include new user audit log for better monitoring of workflow, faster exporting of files and improved OCR tool NEW YORK, November 13, 2012 - LexisNexis® Legal & Professional ( www.lexisnexis.com ), a leading global provider of content and technology solutions, today announced...

Troutman Sanders LLP: 'Waive'-ing Goodbye To Privilege Protection

The attorney-client and work product privileges are some of the oldest and most important evidentiary privileges in our legal system. The attorney-client privilege, in particular, is regarded by some as almost "sacred." Given their importance, you would think that these privileges would be...

Troutman Sanders LLP: 'Waive'-ing Goodbye to Privilege Protection

The attorney-client and work product privileges are some of the oldest and most important evidentiary privileges in our legal system. The attorney-client privilege, in particular, is regarded by some as almost "sacred." Given their importance, you would think that these privileges would be...

E-Discovery Checkpoints: A 360-Degree View-Part 1

Any image of a judge luxuriating on the bench like a silent referee on the elevated sidelines of the proceedings quickly melts away like tiny birthday candles when it comes to electronic discovery. To use a boxing metaphor, judges are clearly the "third man (or woman) in the ring," intent on...

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...

Covington & Burling LLP: Electronic Discovery in Insurance Coverage Litigation

By P. Benjamin Duke and Mari K. Bonthuis, Attorneys, Covington & Burling LLP Almost a decade after the first groundbreaking court decisions on electronic discovery, no insurance litigator can claim to be unaware of his or her obligations with regard to the collection and production of electronically...

William A. Ruskin: Predictive Coding: Will E-Discovery Swallow The Judicial System?

By William A. Ruskin In an earlier article , we discussed the significance of Magistrate Judge Andrew J. Peck's (SDNY) opinion in Da Silva Moore v. Publicis Groupe [ enhanced version available to lexis.com subscribers ], a highly publicized decision that approved of the use of computer-assisted...

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...

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...

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...