Recent Posts

When EDI is Accessible and Proportionally Affordable, Plan to Produce
Posted on 2 Dec 2013 by LexisNexis Litigation Solutions

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

Trend Spotting: Law Firms Seek to Enhance In-House E-Discovery Capabilities
Posted on 1 Dec 2013 by LexisNexis Litigation Solutions

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

Controlling E-Discovery Costs for Clients
Posted on 22 Jan 2014 by LexisNexis Textmap Partner Admin

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

Exporting Data to a Cloud Could Mean Importing Trouble
Posted on 1 Dec 2013 by LexisNexis Litigation Solutions

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... 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

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

Predictive Coding: A Primer
Posted on 25 Mar 2013 by LexisNexis Litigation Resource Community Staff

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... Read More

Video: E-Discovery of Electronically Stored Information and Litigation Holds in Insurance Bad Faith Lawsuits with Kevan Hirsh
Posted on 18 Oct 2010 by HB Litigation Conferences

Kevan F. Hirsch has developed expertise in defending bad faith claims against carriers, and regularly represents two insurance groups in actions brought directly against the companies in this region. He has represented insurers and insured in complex... Read More

Delaware Federal Court Issues New Default Standard for E-Discovery
Posted on 10 Jan 2012 by Francis G.X. Pileggi

Periodically we report on rule changes in the federal courts so that practitioners are away of these changes and how they might affect litigation practice in Delaware courts. On December 8, 2011, the District of Delaware revised its Default Standard for... Read More

Perkins Coie On New 9th Circuit Guidelines On Electronically Stored Information
Posted on 23 Mar 2010 by LexisNexis Litigation Resource Community Staff

In this Emerging Issues Analysis, David F. Taylor, Lee Stein, Albert Gidari Jr., Patrick M. Collins, Pravin B. Rao and Joel R. Levin of Perkins Coie LLP examine a decision of the Ninth Circuit U.S. Court of Appeals in U.S. v. Comprehensive Drug Testing... Read More

Kevin F. Brady Comments On Delaware Court Of Chancery's 2011 E-Discovery Guidelines
Posted on 10 Mar 2011 by Francis G.X. Pileggi

Francis G.X. Pileggi The Delaware Court of Chancery's Guidelines Regarding the Preservation of Electronically Stored Information (ESI) were previously reviewed here on this blog, but now Kevin F. Brady of Connolly Bove Lodge & Hutz LLP in Wilmington... Read More

Max Kennerly: New Pennsylvania Rules Of Civil Procedure Relating To Electronic Discovery Take Effect Aug. 1
Posted on 30 Jul 2012 by LexisNexis Litigation Resource Community Staff

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"... Read More