Electronic Discovery

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  • The Top 5 Most Requested Features for Early Case Assessment Platforms

    The eDiscovery Paradigm Shift
    19 Apr 2012 | 9:48 am
    The week of April 9, 2012, eDiscovery Solutions Group (eDSG) ran a poll that asked voters to rank the top 5 most important features for an Early Case Assessment (ECA) platform.  Having spent the last 6 months analyzing ECA technology from the top ECA vendors in the world and talking to hundreds of end users in preparation for the release of the 2012 DCIG/eDSG Buyers Guide, the results of this survey were not overly surprising.  However, the results are very telling in regards to the paradigm shift that has occurred in how users view Early Case…

  • Courts Open Door to Computer-Assisted Document Review

    JD Supra Electronic Discovery
    Patterson Belknap Webb & Tyler LLP
    8 May 2012 | 3:03 pm
    Contributor: Patterson Belknap Webb & Tyler LLP [View: Profile | Documents]

  • May 11th weekend edition of our “Top 20 +” e-discovery compendium of news and views

    The Electronic Discovery Reading Room
    posselist
    11 May 2012 | 5:17 am
    Our weekend edition of the “Top 20 … plus more” … a snapshot of some interesting e-discovery blog/web site posts, vendor news/views on a wide range of electronic discovery related issues, and other tech developments from the past week.    It is compiled by Master Sensei Social Media Guru Rob Robinson who is Vice President of Marketing for Orange Legal Technologies, a company that is a long-time member and sponsor of The Posse List and The Electronic Discovery Reading Room. Rob compiles the information from online public domain resources and highlights key electronic…

  • What Goes On In Sedona?

    e-Discovery Team ®
    ralph.losey@gmail.com (Ralph C. Losey)
    29 Apr 2012 | 7:44 pm
    What goes on in Sedona … stays in Sedona. I’m not sure if Vegas copied the slogan from The Sedona Conference®, or visa versa, but when you attend a Sedona Conference event, it is one of the first things you learn. It is an iron clad rule, one which I have never broken. (Who wants [...]

  • Information Overload, a Battle of Search Terms

    Electronic Discovery Blog
    Larry Wescott & Marc Hirschfeld
    8 Feb 2012 | 7:17 pm
    Custom Hardware Engineering & Consulting, Inc. v. Dowell, No. 4:10CV00653 ERW, 2012 U.S. Dist. LEXIS 146 (E.D. Mo. Jan. 3, 2012) The court outlined a three step process for the
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    Discovery Resources

  • Fios Webcast: e-Discovery Case Law Update – Spring 2012

    Rebecca James
    14 May 2012 | 1:03 pm
    Date: Wednesday May 23, 2012 Time: 1:00 PM ET / 10:00 AM PT (60 minutes) Aaron Crews, e-Discovery Counsel at Littler; Martha Dawson, Partner at K&L Gates; Joshua Gilliland of the Bowtie Law Blog; and Gina Sansone, Manager of Litigation Support and e-Discovery attorney at Axinn Veltrop & Harkrider (AVH) will discuss: A state-level predictive coding order – Global Aerospace v. Landow Aviation (Vir. Cir. Ct. Apr. 23, 2012). Personal computers and preservation – United Factory Furniture Corp v. Alterwitz (D. Nev. Apr. 6, 2012). Another predictive coding case – Kleen…

  • Master Ball – A Special Paper

    Rebecca James
    27 Apr 2012 | 4:33 pm
    Craig Ball’s paper, E-Discovery: A Special Master’s Perspective, acquaints readers with some of the circumstances lending themselves to appointment of a master, the advantages of using a master and the mechanics of appointment. The paper also includes tips on working with special masters, in particular eight questions litigants are expected to be able to answer. The paper’s appendix contains an exemplar appointment order. The full paper, plus appendix is available here.

  • Fios Webcast: Special Masters & e-Discovery with Craig Ball

    Rebecca James
    16 Mar 2012 | 11:08 am
    Date: Wednesday April 25, 2012 Time: 1:00 PM ET / 10:00 AM PT (60 minutes) Craig will discuss the growing trend of using special masters in e-discovery, the circumstances that lend themselves to the appointment of a master and the advantages of using a special master. He will also share tips on working with special masters, including a discussion of what questions litigants should be prepared to answer. During this webcast, you will have an opportunity to: Explore the role of the special master Learn where to find a special master and how much it will cost Consider the pros and cons of using…

  • The SEC and e-Discovery

    Guest Authors
    6 Mar 2012 | 5:03 pm
    by Wallis Hampton, Counsel, Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates Elizabeth Russo, White Collar Crime Associate, Skadden, Arps Canaan Himmelbaum, Account Executive, Fios Inc. Recent years have seen dramatic shifts in the Securities and Exchange Commission’s approach to enforcement actions with respect to e-discovery. Beginning with its 2001 Seaboard Report, the SEC has heavily emphasized the importance of cooperation in investigations while simultaneously underscoring the perils of being perceived as uncooperative. In 2004, Stephen Cutler, the SEC’s…

  • Computer-assisted review approved

    Rebecca James
    2 Mar 2012 | 3:31 pm
    Exactly one year after the complaint was first filed in a gender discrimination suit, an important, brand new e-discovery opinion is out. Judge Peck has issued the first opinion approving use of computer-assisted review in Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb 24, 2012). The discovery order has been receiving a great deal of attention, and this week we were pleased to have Seth Row present a summary of the case in the Fios Winter Case Law Update webcast on February 28 (listen here). An American affiliate of a French parent company, Publicis Groupe, is…
 
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    Electronic Discovery Law

  • Da Silva Moore: Plaintiffs File Reply in Support of Motion for Recusal or Disqualification

    K&L Gates
    14 May 2012 | 12:19 pm
    On May 10, 2012, Plaintiffs filed their reply in support of their motion for recusal or disqualification. Those pleadings are available below. • Reply Memorandum of Law in Support of Plaintiffs’ Motion for Recusal or Disqualification • Declaration of Steven L. Wittels in Support of Plaintiffs’ Reply in Support of Plaintiffs’’ Motion for Recusal or Disqualification   

  • Twitter Seeks To Quash Order Requiring Production of Account Holder's User Information, Tweets

    K&L Gates
    9 May 2012 | 1:36 pm
    People v. Harris, No. 2011NY080152 (N.Y. Crim. Ct.) Following up on the case summary from last week (posted May 1, 2012) in which the court denied defendant’s motion to quash the District Attorney's subpoena and issued an order requiring the production of defendant’s user information and Tweets from Twitter, Inc., this week brings us Twitter, Inc.’s motion to quash the court’s order.  Filed on May 7, 2012, the motion seeks to quash the court’s order on the grounds that the order imposes an undue burden on Twitter for reasons including that it…

  • From The Sedona Conference®: a Commentary on Ethics & Metadata

    K&L Gates
    8 May 2012 | 5:24 pm
    In March, The Sedona Conference® released a public comment version of its latest publication: Commentary on Ethics & Metadata.  The commentary is the first “to move beyond [Working Group 1’s] previously exclusive focus on aspects of discovery or records management/preservation” and focuses on ethical obligations surrounding metadata in both the discovery and non-discovery context. The commentary is available for download from The Sedona Conference®, here.

  • N.D. California Court Declines to Follow Race Tires, Allows Taxation of e-Discovery Costs

    K&L Gates
    2 May 2012 | 7:14 pm
    In re Online DVD Rental Antitrust Litig., No. M 09-2029 PJH, 2012 WL 1414111 (N.D. Cal. Apr. 20, 2012) Plaintiffs moved for review of the clerk’s taxation of costs, including those related to electronic discovery.  Noting the recent decision of the Third Circuit in Race Tires America Inc. v. Hoosier Racing Tire Corp, which narrowly interpreted 28 U.S.C. § 1920(4) and which vacated a lower court’s approval of many costs related to electronic discovery, the California court nonetheless declined to disallow the costs related to electronic discovery in this case: The…

  • Defendant Files Response to Plaintiffs' Motion for Recusal

    K&L Gates
    2 May 2012 | 12:34 pm
    Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y.) On Monday, Defendant MSL Group Americas, Inc. filed its response in opposition to Plaintiffs’ Motion for Recusal or Disqualification.  Those pleadings are available below. Defendant’s Memorandum of Law in Opposition to Plaintiffs’ Motion for Recusal or Disqualification Declaration of Brett M. Anders in Support of Defendant MSLGroup Americas, Inc’s Opposition to Plaintiffs’ Motion for Recusal or Disqualification Exhibits 1-3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 6 Continued Exhibit…
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    ELECTRONIC DISCOVERY NEWS - Google News

  • DiscoverReady Among Finalists for 2012 American Business Awards - MarketWatch (press release)

    16 May 2012 | 6:32 am
    DiscoverReady Among Finalists for 2012 American Business AwardsMarketWatch (press release)DiscoverReady's blog features the company's e-discovery experts analyzing current legal events and their impact on e-discovery. It also covers emerging technology, industry developments and company news. DiscoverReady is competing with Accenture, and more »

  • Nuix Partners With Zapproved and Cowen Group - Law.com

    15 May 2012 | 10:42 pm
    Nuix Partners With Zapproved and Cowen GroupLaw.comThe new cloud-based legal hold notification and compliance tracking system that integrates with Nuix' collection and e-discovery products to help legal teams manage the e-discovery process from the trigger event through collection, indexing,

  • That federal-court e-discovery breakthrough? Not so fast... - Thomson Reuters News & Insight

    15 May 2012 | 5:41 pm
    Thomson Reuters News & InsightThat federal-court e-discovery breakthrough? Not so fast...Thomson Reuters News & InsightIn February, US Magistrate Judge Andrew Peck of federal court in Manhattan gladdened the hearts of legal technophiles when he ordered the use of an artificial intelligence protocol known as predictive coding to guide e-discovery in a putative gender

  • X1 Discovery Deploys In Amazon Cloud - socalTech.com

    15 May 2012 | 11:35 am
    X1 Discovery Deploys In Amazon CloudsocalTech.comPasadena-based X1 Discovery, the enterprise, e-discovery spinout of X1, announced this morning that its X1 Rapid Discovery product is now available through the Amazon Web Services (AWS) Solution Provider program. Amazon said the use of AWS will allow and more »

  • Lateral Data To Highlight Value Proposition Behind All-in-One Discovery ... - Houston Chronicle

    15 May 2012 | 9:09 am
    Lateral Data To Highlight Value Proposition Behind All-in-One Discovery Houston ChronicleE-Discovery technology leader Lateral Data, LP today announced that it will be exhibiting and demonstrating its all-in-one eDiscovery platform, Viewpoint, at LegalTech West 2012. The conference will take place in Los Angeles at the Westin Bonaventure and more »
 
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    e-discovery 2.0

  • Will Predictive Coding Live Up to the eDiscovery Hype?

    Philip Favro
    14 May 2012 | 10:03 am
    The myriad of published material regarding predictive coding technology has almost universally promised reduced costs and lighter burdens for the eDiscovery world. Indeed, until the now famous order was issued in the Da Silva Moore v. Publicis Groupe case “approving” the use of predictive coding, many in the industry had parroted this “lower costs/lighter burdens” mantra like the retired athletes who chanted “tastes great/less filling” during the 1970s Miller Lite commercials. But a funny thing happened on the way to predictive coding satisfying the cost cutting mandate of Federal…

  • Morton’s Fork, Oil Filters the Nexus with Information Governance

    Dean Gonsowski
    10 May 2012 | 10:00 am
    Those old enough to have watched TV in the early eighties will undoubtedly remember the FRAM oil slogan where the mechanic utters his iconic catchphrase: “You can pay me now, or pay me later.”  The gist of the vintage ad was that the customer could either pay a small sum now for the replacement of oil filter, or a far greater sum later for the replacement of the car’s entire engine. This choice between two unpleasant alternatives is sometimes called a Morton’s Fork (but typically only when both choices are equal in difficulty).  The saying (not to be confused with the…

  • Look Before You Leap! Avoiding Pitfalls When Moving eDiscovery to the Cloud

    Philip Favro
    7 May 2012 | 11:57 am
    It’s no surprise that the eDiscovery frenzy gripping the American legal system over the past decade has become increasingly expensive.  Particularly costly to organizations is the process of preserving and collecting documents, a fact repeatedly emphasized by the Advisory Committee in its report regarding the 2006 amendments to the Federal Rules of Civil Procedure (FRCP).  These aspects of discovery are often lengthy and can be disruptive to business operations.  Just as troubling, they increase the duration and expense of litigation. Because these costs and delays affect the courts as…

  • District Court Upholds Judge Peck’s Predictive Coding Order Over Plaintiff’s Objection

    Matthew Nelson
    30 Apr 2012 | 10:04 am
    In a decision that advances the predictive coding ball one step further, United States District Judge Andrew L. Carter, Jr. upheld Magistrate Judge Andrew Peck’s order in Da Silva Moore, et. al. v. Publicis Groupe, et. al. despite Plaintiff’s multiple objections. Although Judge Carter rejected all of Plaintiff’s arguments in favor of overturning Judge Peck’s predictive coding order, he did not rule on Plaintiff’s motion to recuse Judge Peck from the current proceedings – a matter that is expected to be addressed separately at a later time. Whether or not a successful recusal…

  • First State Court Issues Order Approving the Use of Predictive Coding

    Matthew Nelson
    26 Apr 2012 | 10:03 am
    On Monday, Virginia Circuit Court Judge James H. Chamblin issued what appears to be the first state court Order approving the use of predictive coding technology for eDiscovery. Tuesday, Law Technology News reported that Judge Chamblin issued the two-page Order in Global Aerospace Inc., et al, v. Landow Aviation, L.P. dba Dulles Jet Center, et al, over Plaintiffs’ objection that traditional manual review would yield more accurate results. The case stems from the collapse of three hangars at the Dulles Jet Center (“DJC”) that occurred during a major snow storm on February 6, 2010. The…
 
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    EDD Update

  • TREC on Hiatus for 2012

    Michael Roach
    15 May 2012 | 5:41 pm
    With a new data set not yet ready and its 2011 results nearly two months late and counting, TREC Legal Track's annual document review project for testing new systems has been canceled for 2012, reports Evan Koblentz. In related news, Recommind confirmed that it's been asked to leave the project for prematurely disclosing the company's 2011 results. Part of the U.S. Text Retrieval Conference, TREC Legal Track is used by researchers from academic and corporate sectors to test the precision and recall of newly developed technologies. Read the full story on LTN online. Image by Tilman…

  • Webcast on Information Governance and E-Discovery

    Michael Roach
    14 May 2012 | 7:45 pm
    Exterro and Hitachi Data Systems have announced a webcast, "E-Discovery and Information Governance: Assessing Needs and Aligning Priorities," to air on May 16. LeClair Ryan partner Dennis Kiker, Marcelline Saunders, senior product manager at Hitachi, and Jonathan Preston, Hitachi's business development manager, will discuss the intersection of e-discovery and information governance and present best practices. Joe Aakre, e-discovery solutions consultant at Exterro, will serve as moderator. The webcast is complimentary and airs at 1 p.m. Eastern Time/10 a.m. Pacific Time.

  • 80% of Super-Nerd "Bubble People" Use Random Sampling

    Ralph Losey
    11 May 2012 | 2:13 pm
    I estimate that 80% of the elite few who attend Sedona, as  mentioned in my last blog, already use random sampling as part of their e-discovery work. But Sedona members are a small group of dedicated specialists. They reside in that arcane space that Paul Weiner calls "the Sedona Bubble." I must qualify my estimate by saying I have about only a 90% confidence level in that 80%  number. Moreover, I suspect that my margin of error, aka confidence interval, is a high one of 10%. That means that as few as 70% in fact use sampling, or as many as 90%. For the record, these…

  • Moves at Daegis, TrustPoint, AccessData, Womble Carlyle

    Michael Roach
    11 May 2012 | 8:00 am
    This week's EDD industry news from LTN online includes a new e-discovery president at Daegis, a litigation support provider and an attorney review firm joining forces, product improvements at AccessData, and another law firm adopting Relativity. Daegis announced its hiring of Deborah Jillson, formerly of AccessData and LexisNexis, as president of its e-discovery division. Jillson plans to add cross-matter management and predictive coding to Daegis' product line by this summer. Atlanta-based litigation support provider TrustPoint International is merging with attorney review firm…

  • 'Da Silva Moore' Plaintiffs' Discovery Objections Continue

    Evan Koblentz
    10 May 2012 | 4:55 pm
    From the not-exactly-surprising department: Plaintiffs in the now-famous Monique da Silva Moore, et al. v. Publicis Groupe SA and MSLGroup case are objecting to Magistrate Judge Peck's denial of their request to stay discovery until plaintiffs' motions and objections have been resolved. Our technology editor, Sean Doherty, posted the full story at Law Technology News. Image by Clipart.com
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    The eDiscovery Paradigm Shift

  • Do Litigators Need to Understand Predictive Coding Theory?

    10 May 2012 | 10:07 am
    With the debate over Predictive Coding entering a feverish pitch, there is an interesting thread of discussion beginning to emerge asking whether or not litigators and other users need to understand what I am going to refer to as Predictive Coding Theory.In a May 4, 2012 Blog  titled, "3 Drawbacks To Predictive Coding", Sandra E. Serkes, President and CEO of Valora Technologies writes "What is missing (in regards to the Predictive Coding debate), is a discussion of the specific weaknesses of the overall Predictive Coding technique.   She then goes on to…

  • Time for the Next Generation of Cloud Leadership

    2 May 2012 | 12:34 pm
    The cloud computing market is the now the "big thing" and there are hard revenue facts to back up that claim.  As an example, independent research firm Forrester Research expects the global cloud computing market to reach $241 billion in 2020 compared to $40.7 in 2010, according to a new Forrester report called “Sizing the Cloud”. This same Forrester Report indicates that although Infrastructure-as-a-Service (IaaS) is going to capture a significant share of this revenue, the Software-as-a-Service (SaaS) market will grow to to $92.8 billion by 2016.This rapid…

  • Virtual eDiscovery Arrives

    23 Apr 2012 | 9:50 am
    On Monday April 17, 2012, X1 Discovery out of Pasadena, California announced a major release of X1 Rapid Discovery, it’s Early Case Assessment (ECA) and Search platform.  This latest version of X1 Rapid Discovery (X1RD) is actually a major rewrite of the architecture and user interface resulting in the first virtual Early Case Assessment (ECA) platform that users can remotely deploy to wherever Electronically Stored Information (ESI) is located. I had to the chance to talk with Skip Lindsey, EVP Sales and Business Development at X1 Discovery about the genesis of  X1RD.  He…

  • The Top 5 Most Requested Features for Early Case Assessment Platforms

    19 Apr 2012 | 9:48 am
    The week of April 9, 2012, eDiscovery Solutions Group (eDSG) ran a poll that asked voters to rank the top 5 most important features for an Early Case Assessment (ECA) platform.  Having spent the last 6 months analyzing ECA technology from the top ECA vendors in the world and talking to hundreds of end users in preparation for the release of the 2012 DCIG/eDSG Buyers Guide, the results of this survey were not overly surprising.  However, the results are very telling in regards to the paradigm shift that has occurred in how users view Early Case…

  • Virtualization is the Key to Future eDiscovery Software

    11 Apr 2012 | 4:47 pm
    Historically, eDiscovery software has run on a physical computer. However, this architecture has a significant number of operational and financial flaws that make it an unattractive option as the world of information management and therefore the eDiscovery industry moves forward and into the arena of Cloud Computing.First of all, even though the cost of computing power (i.e. processors, memory, etc.) has dropped dramatically over the past several years and will continue to drop, with the option to run software in a virtual computing environment, it…
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    e-Discovery Team ®

  • Blogging, Proportional Review and Predictive Coding

    Ralph Losey
    13 May 2012 | 1:34 pm
    I did an interview recently with Andrew Bartholomew of e-Discovery Beat. I told him he could ask me anything, except for cases involving my law firm. Andrew put the audio of the entire interview online, and added an edited transcript of selections in two segments: part one and part two. Here are a couple of [...]

  • Random Sample Calculations And My Prediction That 300,000 Lawyers Will Be Using Random Sampling By 2022

    Ralph Losey
    6 May 2012 | 8:49 pm
    This is going to be a hyper-technical blog for all those professionals in e-discovery who are struggling, like I am, to fully understand the math governing random sampling, particularly as it is applied to our field of legal search. I can say with a high degree of confidence that most of us who specialize in [...]

  • What Goes On In Sedona?

    Ralph Losey
    29 Apr 2012 | 7:44 pm
    What goes on in Sedona … stays in Sedona. I’m not sure if Vegas copied the slogan from The Sedona Conference®, or visa versa, but when you attend a Sedona Conference event, it is one of the first things you learn. It is an iron clad rule, one which I have never broken. (Who wants [...]

  • Second Ever Order Entered Approving Predictive Coding

    Ralph Losey
    24 Apr 2012 | 6:04 pm
    An order approving predictive coding was entered on April 23, 2012 in Global Aerospace, Inc. v. Landow Aviation, L.P., et al. This is a complex dispute in a Virginia State Court. The defendants’ motion seeking the order was granted. It is not pretty, and not detailed, but appears to be the second such order in [...]

  • “Where The Money Goes” – a Report by the Rand Corporation

    Ralph Losey
    22 Apr 2012 | 6:35 pm
    The Rand Corporation is a well-known and prestigious non-profit institution. Its stated charitable purpose is to improve policy and decision-making through research and analysis. It has recently turned its attention to electronic discovery. Rand concluded, as have I, and many others, that the primary problem in e-discovery is the high cost of document review. They [...]
 
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    Electronic Discovery Navigator

  • Messaging Architects Introduces the First Integrated Email Management Platform Netmail™ 5.1

    Michael J. Eng
    10 May 2012 | 3:33 am
    Messaging Architects Introduces the First Integrated Email Management Platform Netmail™ 5.1 "Messaging Architects, global builders of Business Driven Email™, today announced the availability of the market’s first integrated email management platform Netmail™ 5.1.Netmail™ provides complete email archiving and security, sub-second search capabilities, data leak prevention, and email policy enforcement for enterprise messaging and collaboration systems. The release of Netmail™ 5.1 introduces a new unified web interface, email encryption and secure delivery, and support for…

  • Federal courts scuffle in face of digital information overload

    Michael J. Eng
    10 May 2012 | 2:12 am
    Federal courts scuffle in face of digital information overload "Digital information overload isn't just for large companies, apparently the Federal court system is having issues with it too. This week the Department of Justice and the court's Administrative Office (AO)  jointly developed a set of recommendations aimed at easing what it calls one of the most challenging aspects of its work: wading through  "electronically stored information (ESI)" for the discovery or evidence gathering phase of a court case. ESI can include everything from writing, drawings and…

  • Emergency Exchange Email Recovery Made Possible By SonaVault Intelligent Email Archiving; A New Use For Sonasoft’s Email Archiving Solution

    Michael J. Eng
    9 May 2012 | 3:37 am
    Emergency Exchange Email Recovery Made Possible By SonaVault Intelligent Email Archiving; A New Use For Sonasoft’s Email Archiving Solution "SonaVault, the Intelligent Email Archiving Solution from Sonasoft Corporation, provides more than sophisticated eDiscovery and superior management of reducing the disk storage of Microsoft’s Exchange Servers. Here is a surprising new use for our email archiving software that recently addressed one customer’s urgent need to restore his mission critical email system following a system maintenance breakdown."

  • Mimecast Now Supports Windows Phone and Android

    Michael J. Eng
    9 May 2012 | 2:31 am
    Mimecast Now Supports Windows Phone and Android "Mimecast, a supplier of cloud-based email archiving, continuity and security for Microsoft Exchange and Office 365, announced that it is now extending support to Windows Phone and Android via new mobile apps for those operating systems. The recent applications mean Mimecast now offers archive search apps for all major smartphone platforms: Windows Phone, iPhone, BlackBerry and Android."

  • Defense Counsel And Corporate Counsel – A Perfect Partnership On Key Policy Issues

    Michael J. Eng
    8 May 2012 | 3:38 am
    Defense Counsel And Corporate Counsel – A Perfect Partnership On Key Policy Issues "Litigation costs continue to soar with the explosive growth of electronically stored information (ESI) attributable, among other things, to the proliferation of smart phones, electronic readers and social and other new media. By significantly increasing the cost of doing business in the U.S., this burden contributes to making the price of U.S. goods uncompetitive in world markets, while deterring foreign companies from moving here. Yet, these costs can be significantly reduced by clear rules governing…
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    edd blog online

  • Facebook Updates Data Use Policy to Comply with IDPC - All You Need to Know About the Changes

    14 May 2012 | 4:12 pm
    Facebook has announced that it is updating its data use policy in an effort to help people better understand how the company uses the information they share. As part of these changes, the social networking company is also indicating that it may start displaying ads on sites other than Facebook, based on the interests and hobbies that users express on their Facebook profile. This move comes ahead of Facebook Inc.'s expected initial public offering (IPO) this week. The data use policy changes come in response to an audit by the Irish Data Protection Commissioner (IDPC) last year, Facebook said…

  • Twenty Years Jail Time for Deleting Text Messages?

    14 May 2012 | 4:11 pm
    Proper document retention and collection are hot button issues for many clients and courts. In addition to maintaining and preserving emails and electronically stored documents, parties to litigation or potential litigation must take steps to preserve information stored on their employees' phones, iPads, and other personal communication devices. Remember that almost all electronic information, even if deleted, may be recoverable through forensic analysis. The remarkable consequences of failing to protect this information include potential criminal penalties. On April 24, 2012, the U.S.

  • How Social Media Affects eDiscovery

    11 May 2012 | 7:51 pm
    No legal investigation can commence and progress without sufficient evidence. Legal investigations are very tedious processes that require good planning to procure evidence. Organizations often waste their money, time and resources trying to deploy an effective system. In such a chaotic environment, electronic discovery is a wise decision that can produce extraordinary results. eDiscovery search takes on legal investigations methodically with carefully planned strategies and provides cost-effective solutions. The tools cull data to almost 90%, increase the reviewing output and eliminate the…

  • 5 Facebook rulings that affect what Canadians can do online

    11 May 2012 | 7:46 pm
    The cases of a teenage Nova Scotia girl who was allegedly defamed on a bogus Facebook page and of two University of Calgary students who were punished for criticizing a professor on the social networking site are just two examples of the legal wranglings involving social media. The Supreme Court of Canada heard an appeal by the Nova Scotia girl on Thursday. The young woman and her family are appealing a lower court's ruling that said she couldn't proceed with her defamation case without revealing her name. In the case of the University of Calgary students, the Alberta Court of Appeal sided…

  • Native Redactions – An Emerging Trend

    11 May 2012 | 7:36 pm
    It is a commonly accepted practice within the eDiscovery industry to image documents for production. Likewise, it is now a commonly accepted practice, and indeed even a preferred practice, to exempt spreadsheets (and some other file types) from that requirement, instead producing those documents natively. The idea being that parties would rather obtain native spreadsheets allowing them to work with and view the content in a meaningful manner rather than receive spreadsheet images that can be useless, cumbersome, or exceedingly difficult to accurately use and understand. There is a nascent…
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    Ride The Lightning

  • Is Disclosure Part of the Answer to the Da Silva Moore Issues?

    Sharon D. Nelson, Esq.
    15 May 2012 | 9:00 am
    From the mailbag: Ms.  Nelson,I read your post and felt compelled to respond. First, I should note that I think you’ve shown courage in even addressing these touchy issues openly.Some thoughts:I spent many years investigating and in some cases prosecuting people for doing improper things, often in “white collar” settings. I have seen what innuendo can do in the professional realm. Therefore, I really have to take issue with “juicy” anonymous tidbits when it comes to reputations. Experience dictates that a good policy to enforce is "either stand and announce yourself, and your…

  • TREC Document Review Project - Recommind Asked to Withdraw

    Sharon D. Nelson, Esq.
    14 May 2012 | 9:00 am
    Law Technology News has reported the following: "TREC Legal Track -- part of the U.S. government's Text Retrieval Conference -- announced last week that the 2012 edition of its annual document review project for testing new systems is canceled, while prominent e-discovery software company Recommind confirmed that it's been asked to leave the project for prematurely sharing results." Several months ago, Recommind began spreading word that it received positive results in TREC's 2011 project and related documents were filed in the - what else - da Silva Moore case. LTN…

  • Law Firm Hired Investigator to Friend 12-Year-Old in Dog Bite Case

    Sharon D. Nelson, Esq.
    9 May 2012 | 9:00 am
    Well, that is what is alleged in this strange lawsuit. It is hard to believe that an insurance company would ratify a law firm's hiring of an investigator to pose as one of the young lady's friends on Facebook, but that is what is alleged. If the allegations are true, I have two questions: Have the lawyers taken any ethics courses recently? Have they lost their minds? How could this possibly seem like a good idea? OK, that was three questions, but who's counting? By posing as her friend (who apparently didn't give the investigator his credentials - that part is murky), the…

  • Trying to Stay Current With Technology Assisted Review? Here's How.

    Sharon D. Nelson, Esq.
    8 May 2012 | 9:00 am
    Once again, our friend and colleague Rob Robinson has done his company (Orange Legal Technologies) proud by providing a great resource of technology-assisted review links. Things are moving so fast in this area that it is hard to keep up, so this is a terrific contribution. Also, Rob has compiled a list of technology-assisted review providers (though beware that this term and the many others used to describe this service mean different things to different vendors so caveat emptor). Nonetheless, if you're looking for this service, this list provides a good place to start. Just make sure…

  • More on Da Silva Moore and Judge Peck

    Sharon D. Nelson, Esq.
    7 May 2012 | 9:00 am
    First, I want to correct myself (a frequent occurrence). Judge Peck will rule on the Motion for Recusal and his decision may then be appealed to Judge Carter. If you haven't been following this thread, please look at the last two weeks of RTL to see where we have been. Unless there is a major development, I am closing this thread but I did want to include a note recently received from a reader which asks some excellent questions: Like the others, I will only speak off the record . . . and really I only raise questions: 1)   How exactly do the critics expect these elaborate…
 
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    ELECTRONIC DISCOVERY - E-Discovery Blog and Law Guides

  • Becoming a Process Revolutionary – 8 Things @Walgreen’s did EXACTLY RIGHT to win my Mother’s Day #SoLoMo prize – Electronic Discovery

    E-Discovery News Feed
    15 May 2012 | 7:40 am
    Becoming a Process Revolutionary – 8 Things @Walgreen’s did EXACTLY RIGHT to win my Mother’s Day #SoLoMo prize My story begins with this series of pictures, taken 27 years ago. At the time, this seemed like a cool idea for a Mother's Day gift, and maybe one that would begin a bit of a tradition.  Well, 27 of these little photo montages and 2 kids and one daughter-in-law later, I'm still at it.  [Editor's note:  One might ask why am I still at it 27 years later, and why this fabulous idea has not yet been turned over to one of my kids. …

  • Da Silva Moore: Plaintiffs File Reply in Support of Motion for Recusal or Disqualification – Electronic Discovery

    E-Discovery News Feed
    14 May 2012 | 1:23 pm
    Da Silva Moore: Plaintiffs File Reply in Support of Motion for Recusal or Disqualification On May 10, 2012, Plaintiffs filed their reply in support of their motion for recusal or disqualification. Those pleadings are available below. • Reply Memorandum of Law in Support of Plaintiffs’ Motion for Recusal or Disqualification • Declaration of Steven L. Wittels in Support of Plaintiffs’ Reply in Support of Plaintiffs’’ Motion for Recusal or Disqualification    Background: Da Silva Moore: Plaintiffs File Reply in Support of Motion for Recusal or…

  • Will Predictive Coding Live Up to the eDiscovery Hype? – Electronic Discovery

    E-Discovery News Feed
    14 May 2012 | 12:00 pm
    Will Predictive Coding Live Up to the eDiscovery Hype? The myriad of published material regarding predictive coding technology has almost universally promised reduced costs and lighter burdens for the eDiscovery world. Indeed, until the now famous order was issued in the Da Silva Moore v. Publicis Groupe case “approving” the use of predictive coding, many in the industry had parroted this “lower costs/lighter burdens” mantra like the retired athletes who chanted “tastes great/less filling” during the 1970s Miller Lite commercials. But a funny thing happened on the way to…

  • ESI Guidelines for the Bankruptcy Case: The ABA’s Electronic Discovery in Bankruptcy Working Group Issues Interim Report – Electronic Discovery

    E-Discovery News Feed
    14 May 2012 | 8:40 am
    ESI Guidelines for the Bankruptcy Case: The ABA’s Electronic Discovery in Bankruptcy Working Group Issues Interim Report Although the Federal Rules of Civil Procedure were updated in 2006 specifically to deal with electronically stored information (“ESI”), Bankruptcy Courts and Bankruptcy practitioners have had little bankruptcy-specific guidelines for managing ESI and electronic discovery issues. As a result, the ABA commissioned the Electronic Discovery (ESI) in Bankruptcy Working Group “to study and prepare guidelines or a best practices report on the scope and…

  • Distance Learning on the Internet – Harvard & MIT Change all the Rules – Electronic Discovery

    E-Discovery News Feed
    14 May 2012 | 8:00 am
    Distance Learning on the Internet – Harvard & MIT Change all the Rules edX is a new Internet distance learning site that promises to transform education to “enhance campus-based teaching and learning, and build a global community of online learners.” The joint partnership announcement promised that edX will: …offer online learning to millions of people around the world. EdX will offer Harvard and MIT classes online for free. The Atlantic calls edX the “The Single Biggest Change in Education Since the Printing Press.”  Does this really make sense,…
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    e-Discovery Insights

  • Leveraging ActiveSync to Emulate MS Exchange, Part II - Sync Devices

    Perry L. Segal
    14 May 2012 | 5:54 pm
    Ok...so you've spent the weekend dutifully configuring your primary database and cloud configuration a la Part I, eagerly (at least, that's what I tell myself...) anticipating Part II; my instructions on how to synchronize your email, calendar & contacts with virtually all of your secondary devices. The cool thing is, virtually any default or add-on app that supports Microsoft ActiveSync will work with this process.  For example, if you have an Android smartphone or tablet, you can configure Corporate Sync to use the default modules that came stock with your device - at no cost.  Or,…

  • Leveraging ActiveSync to Emulate MS Exchange & Sync Multiple Devices - Part I

    Perry L. Segal
    10 May 2012 | 4:43 pm
    In order to make great (information) soup, start with the right (data)base. As promised, this is the first in a short series on how to leverage available software technology to sync Calendar, Contacts, Email and more on virtually all (or most) of your devices.  Now, we all know there are many different ways to accomplish this, however, this is aimed at the individual - or small business or law firm - who can't afford expensive hardware or software, is nervous about the cloud (for good reason) but would like a robust, alternative method to manage their data dependably, automatically and…

  • Calbar's LPMT Section is Now on Twitter & Facebook @calbarlpmt

    Perry L. Segal
    9 May 2012 | 2:06 pm
    This is a bit of a coup for us, folks.  Only a select few of the State Bar of California's Executive Committees have been awarded proprietary social media accounts, and LPMT is fortunate to be one of them.  So, if you'd like access to another source of up-to-date news and information about Law Practice Management and Technology - directly from your representatives at the California Bar - please 'like' us on Facebook and/or 'follow' us on Twitter. You don't need to be a member of LPMT - or even a member of the Bar!  All are welcome, so we encourage you to join us and take a peek…

  • I Never Promised You a (Dusty)Rose Garden...

    Perry L. Segal
    4 May 2012 | 4:22 pm
    ...but I did promise to try to post more often.  Isn't it a shame when work gets in the way of a good blog post?  Having not posted anything this week, I wanted to let you know about two subjects I'm working on for you right now: Due to all of the controversy over Google's privacy policy, I'm writing an instructive article about alternate software products you may use to sync email, contacts and calendar on all of your devices; including desktops, laptops, tablets and smartphones.  And here's the best part - you can do it free (for power users who want more robust features, I'll also…

  • Don't Do the (Cyber)Crime if you Can't Do the Time

    Perry L. Segal
    26 Apr 2012 | 3:06 pm
    The ABA Journal Tech Report has a comprehensive examination of cyberwarfare from their May 2012 issue.  It examines the perceived attorneys' role, Constitutional limitations and international law issues.  There are contributions from a host of experts, including some very polarizing figures, like John Yoo. Hey, you know there can be no valuable debate unless you hear out assenting and dissenting views, right? Be warned; this is not a light read, by any means...
 
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    Bow Tie Law's Blog

  • Judicial Test Pilot

    bowtielaw
    27 Apr 2012 | 5:23 pm
    When you think of Tom Wolfe’s “The Right Stuff,” test pilots and astronauts immediately come to mind. Aviators who risked their lives testing new technology that went higher and faster than anything else that could fly. The pilots who flew the X planes of the 1940s to 1960s built the future we have today. Simply put, without the Space Program, we would not have had the Computer Era of the 1970s. Without the innovations of the 1970s, we would not have social networks and smartphones of today. Lawyers and Judges do not come to mind when you say “test pilot.”  However, we do have…

  • Psychic Discovery

    bowtielaw
    20 Apr 2012 | 3:41 pm
    There is no psychic privilege. However, the legal tealeaves foretell a discovery dispute between online psychic advice and the Stored Communication Act. Judge Frank Maas had to interpret the legal Tarot Cards in an employment dispute involving a Plaintiff who sought online psychic advice. The Defendants sought discovery from the third-party online advice and consulting service, as the subject matter of the communications arguably were relevant to the lawsuit.  Glazer v. Fireman’s Fund Ins. Co., 2012 U.S. Dist. LEXIS 51658, 9-10 (S.D.N.Y. Apr. 4, 2012). The third-party was a…

  • Conjecture is Not Spoliation

    bowtielaw
    12 Apr 2012 | 3:54 pm
    Plaintiffs unsuccessful in a trial involving hostile work environment allegations, argued they were entitled to a new trial, because the trial court did not issue a adverse inference instruction for alleged destroyed ESI.  Kullman v. New York, 2012 U.S. Dist. LEXIS 47649, 3-5 (N.D.N.Y Apr. 4, 2012). The Court agreed with the Defendants that the Plaintiffs failed to show any spoliation of evidence. Kullman, at *2. The Plaintiffs’ argument failed on relevancy grounds, because the Plaintiffs failed to show any evidence showing the existence, or loss, of any relevant ESI. Kullman, at *4. The…

  • How to Get an eDiscovery Evidentiary Hearing

    bowtielaw
    5 Apr 2012 | 7:16 pm
    Judge David Waxse waded into a case that highlighted issues in parties not cooperating and possible inadequate preservation, search and production of ESI.  Chura v. Delmar Gardens of Lenexa, Inc., 2012 U.S. Dist. LEXIS 36893, 7-8 (D. Kan. Mar. 20, 2012). The litigation involved an employment dispute with claims of sexual harassment, hostile work environment and other employment-based causes of action. The Plaintiffs challenged the sufficiency of the responses to multiple discovery requests, starting with their first request for production. Plaintiffs’ Request for Production 1 directed the…

  • PhotoCop & The Red Light of Admissibility

    bowtielaw
    28 Mar 2012 | 11:45 am
    Are photos and data from a red light camera hearsay?  The answer is “no” according to the Court of Appeal in People v Goldsmith and conflicts with People v. Borzakian, discussed on the blog Developments in California Trial Practice. Goldsmith also addressed whether the admission of computer-generated photographs and a video of the traffic violation were unsupported by evidence that the computer operated properly. People v. Goldsmith, 203 Cal. App. 4th 1515, 1518 (Cal. App. 2d Dist. 2012). The California Supreme Court has held that that “our courts have refused to require, as a…
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    Delaware eDiscovery Report

  • A Critique of the Delaware District Court's Revised Default eDiscovery Standard

    Christopher Spizzirri
    7 May 2012 | 2:53 pm
    As many of you are likely aware, the Delaware District Court revised its Default Standard for Discovery back in December. Several sources walked readers through the new provisions and speculated about the practical impacts of the new Default Standard. I opted to wait until working under the new Default Standard before offering commentary. Now that I have had the opportunity to use the new Standard in real cases, I'm ready to offer a practical critique. The new Default Standard is a real leap forward from its predecessor and an excellent guide for litigants. Whereas the old Default Standard…

  • DE District Court Test Drives Race Tires America, Curbs Taxation of eDiscovery Costs

    Christopher Spizzirri
    18 Apr 2012 | 3:51 pm
    As readers of this blog likely know, there's a mini-trend in eDiscovery to recover vendor costs in Federal courts as "taxable" under 28 U.S.C. §1920(4). That section allows courts to require losing parties to reimburse prevailing parties for "fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case." There recently have been several cases around the country where prevailing parties have successfully recovered costs this way. (See footnote 2 here for a short list of cases.) In Race Tires…

  • 2012 Federal Trial Practice Seminar: An Introduction to Federal Practice in the District of Delaware

    Christopher Spizzirri
    17 Apr 2012 | 12:28 pm
    From the Delaware Federal Bar Executive Committee: The Delaware Chapter of the Federal Bar Association, in conjunction with the United States District Court for the District of Delaware, is pleased to announce another exciting new initiative. On the evenings of Thursday, May 17 and Thursday, May 31, 2012, from 5:00 to 7:30 p.m., the District Court and FBA will sponsor a two-night seminar program entitled “The Federal Trial Practice Seminar Presents: An Introduction to Federal Practice in the District of Delaware.” The sessions will take place in Courtroom 2B at the J. Caleb Boggs…

  • Friday Notes

    Christopher Spizzirri
    24 Feb 2012 | 2:57 pm
    Note number one is that I promise to resume posting regularly. I haven't been very good at keeping up here as my case load has grown. It was important for me to spend my time focusing on managing my growing eDiscovery client work. (Don't feel bad though, because you aren't the only ones I've been neglecting. I didn't go to the Georgetown Advanced eDiscovery Institute, LTNY, or either of the last two Sedona Conference® WG1 meetings.) Now that I'm sure everything is under control, I can return to the blogosphere. Yay! Speaking of my return to the sunlight, I am honored to be a panelist at…

  • 17 Morris James Attorneys Named In The Best Lawyers in America® 2012 in 20 Practice Areas

    Morris James Delaware
    31 Aug 2011 | 2:18 pm
    Seventeen Morris James attorneys are listed as being among the most elite lawyers in their practices in The Best Lawyers in America® 2012. The Best Lawyers in America® has become universally regarded as the definitive guide to legal excellence. Their rigorous research is based on an exhaustive peer-review where leading attorneys cast votes on the legal abilities of other lawyers in their practice areas. The Morris James attorneys listed in the 18th edition of the guide and the areas of law in which they are recognized include: Richard P. Beck Litigation – Real Estate (1983)…
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    e-Discovery Team ®

  • Blogging, Proportional Review and Predictive Coding

    ralph.losey@gmail.com (Ralph C. Losey)
    13 May 2012 | 1:34 pm
    I did an interview recently with Andrew Bartholomew of e-Discovery Beat. I told him he could ask me anything, except for cases involving my law firm. Andrew put the audio of the entire interview online, and added an edited transcript of selections in two segments: part one and part two. Here are a couple of [...]

  • Random Sample Calculations And My Prediction That 300,000 Lawyers Will Be Using Random Sampling By 2022

    ralph.losey@gmail.com (Ralph C. Losey)
    6 May 2012 | 8:49 pm
    This is going to be a hyper-technical blog for all those professionals in e-discovery who are struggling, like I am, to fully understand the math governing random sampling, particularly as it is applied to our field of legal search. I can say with a high degree of confidence that most of us who specialize in [...]

  • What Goes On In Sedona?

    ralph.losey@gmail.com (Ralph C. Losey)
    29 Apr 2012 | 7:44 pm
    What goes on in Sedona … stays in Sedona. I’m not sure if Vegas copied the slogan from The Sedona Conference®, or visa versa, but when you attend a Sedona Conference event, it is one of the first things you learn. It is an iron clad rule, one which I have never broken. (Who wants [...]

  • Second Ever Order Entered Approving Predictive Coding

    ralph.losey@gmail.com (Ralph C. Losey)
    24 Apr 2012 | 6:04 pm
    An order approving predictive coding was entered on April 23, 2012 in Global Aerospace, Inc. v. Landow Aviation, L.P., et al. This is a complex dispute in a Virginia State Court. The defendants’ motion seeking the order was granted. It is not pretty, and not detailed, but appears to be the second such order in [...]

  • “Where The Money Goes” – a Report by the Rand Corporation

    ralph.losey@gmail.com (Ralph C. Losey)
    22 Apr 2012 | 6:35 pm
    The Rand Corporation is a well-known and prestigious non-profit institution. Its stated charitable purpose is to improve policy and decision-making through research and analysis. It has recently turned its attention to electronic discovery. Rand concluded, as have I, and many others, that the primary problem in e-discovery is the high cost of document review. They [...]
 
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    EDD Update

  • TREC on Hiatus for 2012

    Michael Roach
    15 May 2012 | 5:41 pm
    With a new data set not yet ready and its 2011 results nearly two months late and counting, TREC Legal Track's annual document review project for testing new systems has been canceled for 2012, reports Evan Koblentz. In related news, Recommind confirmed that it's been asked to leave the project for prematurely disclosing the company's 2011 results. Part of the U.S. Text Retrieval Conference, TREC Legal Track is used by researchers from academic and corporate sectors to test the precision and recall of newly developed technologies. Read the full story on LTN online. Image by Tilman…

  • Webcast on Information Governance and E-Discovery

    Michael Roach
    14 May 2012 | 7:45 pm
    Exterro and Hitachi Data Systems have announced a webcast, "E-Discovery and Information Governance: Assessing Needs and Aligning Priorities," to air on May 16. LeClair Ryan partner Dennis Kiker, Marcelline Saunders, senior product manager at Hitachi, and Jonathan Preston, Hitachi's business development manager, will discuss the intersection of e-discovery and information governance and present best practices. Joe Aakre, e-discovery solutions consultant at Exterro, will serve as moderator. The webcast is complimentary and airs at 1 p.m. Eastern Time/10 a.m. Pacific Time.

  • 80% of Super-Nerd "Bubble People" Use Random Sampling

    Ralph Losey
    11 May 2012 | 2:13 pm
    I estimate that 80% of the elite few who attend Sedona, as  mentioned in my last blog, already use random sampling as part of their e-discovery work. But Sedona members are a small group of dedicated specialists. They reside in that arcane space that Paul Weiner calls "the Sedona Bubble." I must qualify my estimate by saying I have about only a 90% confidence level in that 80%  number. Moreover, I suspect that my margin of error, aka confidence interval, is a high one of 10%. That means that as few as 70% in fact use sampling, or as many as 90%. For the record, these…

  • Moves at Daegis, TrustPoint, AccessData, Womble Carlyle

    Michael Roach
    11 May 2012 | 8:00 am
    This week's EDD industry news from LTN online includes a new e-discovery president at Daegis, a litigation support provider and an attorney review firm joining forces, product improvements at AccessData, and another law firm adopting Relativity. Daegis announced its hiring of Deborah Jillson, formerly of AccessData and LexisNexis, as president of its e-discovery division. Jillson plans to add cross-matter management and predictive coding to Daegis' product line by this summer. Atlanta-based litigation support provider TrustPoint International is merging with attorney review firm…

  • 'Da Silva Moore' Plaintiffs' Discovery Objections Continue

    Evan Koblentz
    10 May 2012 | 4:55 pm
    From the not-exactly-surprising department: Plaintiffs in the now-famous Monique da Silva Moore, et al. v. Publicis Groupe SA and MSLGroup case are objecting to Magistrate Judge Peck's denial of their request to stay discovery until plaintiffs' motions and objections have been resolved. Our technology editor, Sean Doherty, posted the full story at Law Technology News. Image by Clipart.com
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    Computer Forensics Blog by Data Triage Technologies

  • Cellebrite’s UFED, a Must for Forensic Investigators!

    imtiaz
    19 Apr 2012 | 5:57 am
    The digitalization has transformed the criminal enterprise to a high tech, stealthy, global organization. Identity theft, money laundering, fraud, theft of intellectual property, etc., are a few to add in a long list of crimes happening in web 2.0. Imagine if your friend is charged with money laundering which he/she is not committed. What if [...]

  • Virtualization – A Threat To Hard Drive Data Recovery

    imtiaz
    4 Jul 2011 | 12:31 am
    Hard drive data recovery is the process of retrieving lost data from hard drive. This retrieval is done due to the inaccessibility of data through normal recovery processes. Notwithstanding the fact that your hard drive has crashed or locked up for some reason, you can recover the data using a variety of hard drive data [...]

  • Phone Log Reconciliation

    imtiaz
    30 Jun 2011 | 4:20 am
    Knowingly or unknowingly we transmit a lot of information over phones. While we may not realize or even see the need to keep such information, it becomes useful to retrieve phone log information for legal issues. In complex litigation, all information passing between the client and vendor is considered part of intellectual property or trade [...]

  • Why E-Discovery Protocol?

    imtiaz
    18 Apr 2011 | 1:43 am
    Too many Electronically Saved Information cases are left pending, without ever discovering the light of a solution in sight. The E-Discovery protocol is expected to facilitate the just, speedy, and inexpensive conduct of discovery involving Electronically Stored Information (ESI) in civil cases, and to promote, whenever possible, the resolution of disputes regarding the discovery of [...]

  • Scope of E-Discovery Protocol

    imtiaz
    15 Apr 2011 | 4:58 am
    E-Discovery has raised many important issues for litigators and their clients, including evidence integrity, preservation of meta data and its forensic value, recovery of electronic documents from backup tapes, the sheer volume of electronically stored information (ESI) and its impact on the scope of discovery and burden on the parties, and the suitable exchange of [...]
 
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    Strategic Legal Technology

  • Client Service Lessons from a Large Law Firm Secretarial Cut

    Ron
    14 May 2012 | 10:01 am
    ALM’s Daily Business Review reported Friday that Greenberg Traurig lays off staff to achieve 4-to-1 attorney-secretary ratio. Firms may find this news startling or old hat. For me, it speaks to the issue of improving law firm service delivery.  The article notes that with “new technology, fewer paper copies and scheduling software, secretaries are starting to become legal dinosaurs, legal experts say.” It also reports some firms are moving to ratios of 5:1 or 6:1. When firm management contemplates increasing the secretarial ratio, does it consider the impact on client…

  • The Imperative to Improve Law Firm Service Delivery

    Ron
    8 May 2012 | 10:58 am
    Clients assume lawyers have the right expertise and will deliver good outcomes. For all but a few matters, to keep and win work, firms must create a good client experience by customizing and optimizing service delivery.  I start with a couple of observations from outside legal about service delivery. I now use Skype for conference calls and join.me for screen sharing. Skype is free and, unlike most audio conference services, shows who is talking - a great feature when on the line with new contacts. Join.me, unlike Webex, offers basic service free and is less of a hassle to set up.

  • Twitter Roundup - March and April 2012

    Ron
    6 May 2012 | 8:15 pm
    This roundup highlights some of my Tweets (@ronfriedmann) in March and April focusing on The New Normal, Legal Process Outsourcing (LPO), and e-discovery.    THE NEW NORMAL UK @RiverViewLaw offers fixed fees, subscriptions, refunds, #KM bank of 650 docs, consulting to GCs. Interesting #LawFactory  20 Feb RT @jordan_law21 post - Rebundling the law firm http://lawlks.ca/5eb || helpful way to think about services firms can/should offer  22 Feb @atlblog: Bingham McCutchen Laysoff Staff http://bit.ly/ylOsdd || with BigLaw overhead/L > $200k, more cuts likely Legal Week…

  • What's Keeping BigLaw CIOs Busy?

    Ron
    29 Apr 2012 | 7:06 pm
    Last week I co-chaired the Hildebrandt West LegalEd Center CIO Forum in NYC. I report here a few observations from the conference.   My highlights synthesize and interpret comments from multiple panelists and participants plus a pre-conference survey of priorities: Focus on Infrastructure. CIOs spend most of their time on core infrastructure projects, with particular focus on security, document management / search / information governance, Windows 7 and Office 2010 migration, mobility, and virtualization. Many CIOs want to help firms grow the top line but have little bandwidth to do so.

  • Iron Tech Lawyer Competition at Georgetown Law School

    Ron
    19 Apr 2012 | 2:44 pm
    On Thursday I attended the Iron Tech Lawyer Competition at Georgetown Law School. Six student teams presented legal advisory systems they built in a competition that will pit the Georgetown winner against New York Law School winner. It’s great to see an innovative law school class focused on how lawyers can use technology to improve law practice and serve clients more effectively.  For a mainstream media news report of the competition, see the Nightly Business Report segment (~3 min), Handy Legal Advice, in the Palm of Your Hand. The competition was planned and hosted by Prof.
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    eDiscovery Insight

  • The eDiscovery Arms Race II

    Trey Tramonte
    3 May 2012 | 5:56 pm
    Almost exactly a year ago I wrote my original blog post, the eDiscovery Arms Race and Tales from the Trenches.  Since then the competitive landscape has changed.  As predicted there has been consolidation; Symantec acquired Clearwell, HP acquired Autonomy, IBM acquired PSS Atlas, and countless other smaller firms like Guidance Software and Case Central have either merged or morphed their messaging.  The good news for players like AccessData, which is very committed to providing our clients with an integrated solution that takes them from litigation hold all the way through to court…

  • Cloud Solutions Can Make Sense for Modern Legal Review

    Keith Schrodt
    20 Apr 2012 | 11:17 am
    In today’s legal review process, the ability to quickly analyze data and gain insight into that data is what allows a law firm to differentiate itself and beat its opponents. However, in reality law firms are overwhelmed with the amount of data that must be searched, analyzed, and visualized before critical decisions can be made. Add to that the fact that client data is exponentially increasing and new technology is allowing the collection of almost any type of data, no matter the location or form, and you get massive amounts of data needing review. The combination of these and many other…

  • E-Discovery is About Trust and Transparency

    Tim Leehealey
    12 Apr 2012 | 6:58 pm
    It should come as no surprise to anyone that e-discovery is more than anything about trust and transparency. Because the results of any collection or review are likely to end up in court, it is paramount that customers both understand the way a product works and trust that the vendor will be there to back up the results in an honest and straightforward manner.  It is for that reason that I am personally blown away by a recent filing I read from Southern District of New York Court System. The filing is the Declaration of Paul J Neale, CEO of DOAR Litigation Consulting, in support of…

  • Data, Data, Everywhere!

    Mike McBride
    6 Apr 2012 | 3:36 pm
    With apologies to Samuel Taylor Coleridge, I want to take a few moments to track what happens to data that is sent to a law firm, or vendor, as part of the discovery process, and challenge us all to think about the implications of how many copies of this data we end up with. In the collection process, we first identify the information we are going to need to put a hold on, and then decide what data we need to collect and pass on for attorney review. Generally, the client will make a copy of the data being sent off to either a vendor or to outside counsel. So that’s one copy of data. Within…

  • Criminal Law: The Fairness in Disclosure of Evidence of 2012

    Brooke Oppenheimer
    28 Mar 2012 | 1:38 pm
    I remember when I was in law school, a close friend wanted to be a criminal defense attorney. When he would mention this at the cafeteria lunch table, the reaction was always the same: “Really, you want to represent criminals?”  “Sure they deserve a defense, but……” “Innocent until proven guilty” is widely accepted as a principle (and of course is emphasized in our Constitution), but is it being practiced?  Many believe that it is not– at least in regards to the disclosure of exculpatory evidence. In October of 2011, Michael Morton was released from prison after 25…
 
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    General Digital

  • LED Backlights Done Right

    Brian
    15 May 2012 | 1:45 pm
    Published May 15, 2012 LED (Light Emitting Diode) backlight design provides advantages that can be highly beneficial in a variety of applications and industries. LEDs offer longevity (50,000 hours minimum), far greater resistance against shock and vibration, reduced power consumption and heat emissions, brighter intensity and more precise control of that intensity. Light from the LEDs in an LCD (Liquid Crystal Display) screen is diffused to illuminate the viewing area evenly. Two different configurations exist for LED backlighting: array and edge-lit. Array lighting–in which LEDs are…

  • The Beach Boys are Back in National Harbor

    Brian
    9 May 2012 | 4:07 pm
    Published May 9, 2012 The 2012 Navy League Sea-Air-Space Exposition in National Harbor, Maryland, beckoned and Tenell Rhodes and yours truly, Brian Martin, were there to answer its call. From April 15th through 18th, we set up shop and dazzled the crowds with a booth that continues to grow in appeal. Our 37-inch Titan was the perfect large format monitor on which to play Sports Champions, a suite of games available for the Playstation 3 with Move system. Its high definition capability was the talk of the trade show as it served double duty playing both games and blockbuster movies like Thor,…

  • GDConundrum No. 5: Why Was Poplar So Popular?

    Joe
    5 May 2012 | 3:47 pm
    Published May 5, 2012 One of our electrical engineers, Louis, and his wife travel to West Virginia to see some abandoned mines. (Do they know a good time, or what?) Midway through the 17th mine, Louis notices that the timbers used to shore up the walls look familiar. In fact, they’re exactly like the ones in the first 16 mines. The guide tells him all the wood is poplar. “Gee,” said Louis, “I would think they’d use something like oak or ash, which are very strong.” Why did the miners use poplar? Any arborists out there? Or botanists? Or even some tree…

  • NVIS-Compatible MIL-STD-3009 LCD Monitors

    Brian
    18 Apr 2012 | 10:44 am
    Published April 18, 2012 For millenia, most of man’s activities were confined to daylight hours. With the advent of night vision technology, man can now accomplish many daylight-only tasks in the dark. Night vision goggles (NVG) work by taking low level incoming visible light and non-visible infrared (IR) light and converting them both into electrical energy (electrons). Through a rather complex process, these electrons are then multiplied and converted back into light, which allows an NVG wearer to see in pitch black conditions. Standard CRT and LCD monitors using CCFL (Cold-Cathode…

  • Florida Fun in February

    Joe
    5 Mar 2012 | 3:13 pm
    Published March 5, 2012 a.k.a. Florida Road Trip and 2012 AUSA Trade Show Highlights As we have done every year for the past five years, General Digital exhibited at the AUSA Winter Symposium in Fort Lauderdale, Florida, from Wednesday, February 22nd to Friday, February 24th. What made this trip different, though, is that Tenell and Brian flew down to Melbourne, Florida, on the Monday before the show to visit customers and do some last-minute shopping for the trade show setup. Serendipity paid us handsomely in that, on the way to Lockheed Martin Information Systems & Global Services, we…
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    eDiscovery People - Community of Information Retrieval scientists, eDiscovery Attorneys, Project Managers, and Litigation Support leaders

  • iCONECT Global Summit Answers eDiscovery Challenges with Cutting Edge Technology - Virtual-Strategy Magazine

    eDiscovery People
    23 Apr 2012 | 8:32 am
    iCONECT Global Summit Answers eDiscovery Challenges with Cutting Edge TechnologyVirtual-Strategy MagazineiCONECT Development, LLC, providers of web-based e-discovery and litigation software, today kick off their annual conference with keynote speaker Chris Dale of the e-Disclosure Information Project, discussing catalysts that are thrusting change in and more »

  • From IT to ET: The next wave of IT transformation

    eDiscovery People
    23 Apr 2012 | 8:26 am
    IT as we know it is over. That's hardly a new observation. It was most notably made in 2003, in a now-famous Harvard Business Review article by pundit Nicholas Carr called "IT Doesn't Matter." The gist of Carr's argument: IT has become a commodity, like electricity. It's no longer a sustainable differentiator (when was the last time you heard a company brag that it did a better job than a competitor because it had "better electricity"?). Author name :  admin

  • Apple sued in California over touch patent

    eDiscovery People
    23 Apr 2012 | 8:12 am
    Apple products using touch technology infringe on a patent owned by the Pennsylvanian company FlatWorld Interactives, the company alleged in court documents filed on Friday. FlatWorld asked for a permanent injunction that Apple stop infringing, and for sufficient compensation for the infringements, the company's attorneys said.

  • Large enterprises handing off data center builds as demand booms

    eDiscovery People
    23 Apr 2012 | 7:40 am
    Demand for data center space is on the rise. IT pros responsible for facility planning are juggling physical requirements for secure, power-abundant space with operational considerations, including the need to improve disaster recovery, deploy new applications and services, and handle increasingly large data volumes.

  • The Evolution Of The E-Discovery Service Provider As Managed Services Partner - Metropolitan Corporate Counsel

    eDiscovery People
    23 Apr 2012 | 7:30 am
    The Evolution Of The E-Discovery Service Provider As Managed Services PartnerMetropolitan Corporate CounselBaron: Xerox Litigation Services is the e-discovery division of Xerox, a global leader in technology-driven business process management. We help in-house counsel and outside law firms manage e-discovery processes (in particular document review) more
 
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    Document Solutions, Inc. » DSi Press Releases

  • Document Solutions, Inc. (DSi) Expands Development Team with Halstead and Carson

    DSi Webmaster
    8 May 2012 | 10:41 am
    Document Solutions, Inc. (DSi), a Nashville-based litigation support, e-discovery and digital forensics company, announced today a strategic expansion of their development team with the hiring two new application developers, Christopher Carson and Dustin Halstead....

  • Document Solutions, Inc. (DSi) Leads the Way in Remote Data Collection

    DSi Webmaster
    16 Feb 2012 | 7:00 am
    DSi, a leading e-discovery and digital forensics company headquartered in Nashville, Tenn., has introduced DSi Remote Governance and Collections platform (RGC): a proprietary method that easily identifies, collects, verifies, filters and transfers data in a timely, secure and cost-effective manner....

  • Knoxville Document Pros Merges With Document Solutions, Inc.

    DSi Webmaster
    20 Jan 2012 | 11:34 am
    The owners of Knoxville’s two leading document management firms – Document Solutions, Inc. (DSi) and Knoxville Document Pros ­– announced today that the two companies have merged under the DSi banner....

  • 2011 A Year of Innovation for E-Discovery Firm Document Solutions, Inc. (DSi)

    DSi Webmaster
    12 Jan 2012 | 5:15 am
    An incredible burst of innovation marked 2011 for Document Solutions, Inc. (DSi), an e-discovery and digital forensics firm serving corporations and law firms nationwide. From developing a new sampling process to introducing a new hardware platform for collecting data, every innovation DSi introduced last year followed a central theme: savings clients time and money while ensuring defensibility....

  • Document Solutions, Inc. (DSi) Receives Awards for Best Employer and Top Tech Company

    DSi Webmaster
    16 Nov 2011 | 10:37 am
    Document Solutions, Inc. (DSi), an electronic discovery and digital forensics company headquartered in Nashville, received two distinguished honors today. The litigation support technology firm has been named one of The 10 Best Employers in Middle Tennessee and it was named one of the Tech 25, the first annual listing of the most influential technology firms in Middle Tennessee. ...
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    The Electronic Discovery Reading Room

  • May 11th weekend edition of our “Top 20 +” e-discovery compendium of news and views

    posselist
    11 May 2012 | 5:17 am
    Our weekend edition of the “Top 20 … plus more” … a snapshot of some interesting e-discovery blog/web site posts, vendor news/views on a wide range of electronic discovery related issues, and other tech developments from the past week.    It is compiled by Master Sensei Social Media Guru Rob Robinson who is Vice President of Marketing for Orange Legal Technologies, a company that is a long-time member and sponsor of The Posse List and The Electronic Discovery Reading Room. Rob compiles the information from online public domain resources and highlights key electronic…

  • The Names and Faces of “Technology Assisted Review”

    posselist
    9 May 2012 | 4:30 am
    9 May 2012 - Based on a website review of leading providers in the electronic discovery arena, Rob Robinson has compiled a list that provides a quick, non-all inclusive reference of firms that appear to have developed “technology assisted review” technology  (one form of this being “predictive coding”) for their own and/or partner offerings. For the list click here.

  • Updated: Technology Assisted Review Backgrounder

    posselist
    7 May 2012 | 4:37 am
    7 May 2012 – Rob Robinson or Orange Legal Technologies has put together a special edition of his weekly Unfiltered Orange Weekly eDiscovery News Update.  Its focus is on technology assisted review related links from February 1, 2012 to May 7, 2012. For the post click here.

  • May 5th edition of our “Top 20 +” e-discovery compendium >SPOTLIGHT: The International Journalism Festival in Perugia, Italy

    posselist
    4 May 2012 | 5:02 pm
    Our weekend edition of the “Top 20 … plus more” … a snapshot of some interesting e-discovery blog/web site posts, vendor news/views on a wide range of electronic discovery related issues, and other tech developments from the past week.    It is compiled by Master Sensei Social Media Guru Rob Robinson who is Vice President of Marketing for Orange Legal Technologies, a company that is a long-time member and sponsor of The Posse List and The Electronic Discovery Reading Room. Rob compiles the information from online public domain resources and highlights key electronic…

  • The Mobile World Congress: e-discovery, ubiquitous mobility … and technology, technology, technology

    posselist
    30 Apr 2012 | 5:03 pm
    30 April 2012 -  One of our sister company’s, EAM Capital Partners, attended the Mobile World Congress in Barcelona and posted their review today.  Part of it discusses some of the e-discovery aspects of the mobile industry, the advance of the “mobile first” world and it’s effect on all industries.   As the folks from Forrester said at their presentation “companies need to realize that mobility is the new front end for engagement systems. Apps are increasingly context aware, fed by the cloud, sensors, history and social data. That requires companies to reconsider how…
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    Next Gen eDiscovery Law & Tech Blog

  • Social Media Case Law Update: Volume of Cases Accelerating

    John Patzakis
    8 May 2012 | 11:14 am
    Recently our survey of published case law from 2010 and 2011 identified 689 cases involving social media evidence for that time period.  While these results exceeded our expectations, that pace is actually rapidly accelerating in 2012. For this past April alone, a quick tally identifies 61 cases where social media evidence played a key role. We will have a mid-year report in a few months, but it appears that the volume of cases has about doubled year over year. Keep in mind that the survey group only involves published cases on Westlaw. With less than one percent of total cases resulting in…

  • X1 Rapid Discovery: First Enterprise eDiscovery Solution Supporting IaaS Cloud

    John Patzakis
    17 Apr 2012 | 12:53 pm
    Today I am pleased to announce our launch of  X1 Rapid Discovery, version 4. X1RD is a proven and now truly cloud-deployable eDiscovery and enterprise search solution enabling our customers to quickly identify, search, and collect distributed data wherever it resides in the Infrastructure as a Service (IaaS) cloud or within the enterprise. X1RD is a sister product to our acclaimed X1 Social Discovery, which we launched last year. Version 3 of X1 Rapid Discovery is a proven early case assessment and enterprise search application, but is now IaaS cloud deployable and features a new interface.

  • Defining Truly Cloud-Capable eDiscovery Software

    John Patzakis
    4 Apr 2012 | 4:30 pm
    Last week we discussed the challenges of searching and collecting data in Infrastructure as a Service (IaaS) cloud deployments (such as the Amazon cloud or Rackspace) for eDiscovery purposes.  Today we discuss what is needed for eDiscovery and enterprise search vendors to provide a truly cloud-capable solution and provide a decoder ring of sorts to cut through the hype.  For there is a lot of hype with the cloud becoming the latest eDiscovery hot button, with vendor marketing claims far surpassing actual capabilities. In fact, many eDiscovery and enterprise software vendors claim to support…

  • eDiscovery Search and Collection in the Cloud

    John Patzakis
    29 Mar 2012 | 7:43 pm
    After several dozen posts on social media eDiscovery, we are going to focus the next few weeks on the related issue of eDiscovery in the cloud. As we see it, despite the enormous cost benefits of the cloud, concerns about the feasibility of eDiscovery and general search across an organization’s critical cloud-resident data has to some degree prevented broader adoption. The cloud means many things to many people, but I believe the real eDiscovery action (and pain point) is in Infrastructure as a Service (IaaS) cloud deployments (such as the Amazon cloud, Rackspace, or pure enterprise cloud…

  • “IF YOU AINT BLASTIN, YOU AINT LASTIN!!!!”: How to Authenticate Incriminating Social Media Evidence

    John Patzakis
    22 Mar 2012 | 4:30 pm
    In our recent social media ethics webinar with John Browning of Lewis, Brisbois, (recording and slides available here) we noted the significant number of recent criminal matters involving key social media evidence. In reviewing these cases that are documented on our site, we continue to be amazed at what many alleged gang members choose to post on their public-facing Facebook and MySpace accounts. This led us to muse that it might be a good idea for Facebook to embed the Fifth Amendment of the US Constitution into their terms of service as a friendly reminder about their users’ right…
 
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    E-Discovery Beat

  • Limiting Over-Preservation While Preserving Defensibility in E-Discovery

    andrewbartholomew
    15 May 2012 | 8:00 am
    By: Andrew Bartholomew As reported recently by edJ Group analyst Barry Murphy, one of the most common problems organizations face in e-discovery is over preservation. Not only are many organizations preserving more data than needed within single e-discovery projects but, as cases are resolved, they are often failing to dispose of data when it becomes [...]

  • ‘Da Silva Moore’ Plaintiffs Continue Discovery Objections and More

    andrewbartholomew
    14 May 2012 | 12:04 pm
    Law Technology News: LTN Technology Editor Sean Doherty reports on latest developments in the much talked about ‘Da Silva Moore’ case here Inside Counsel: E-Discovery consultant Wayne Wong explores emerging       e-discovery infrastructure options here. Above the Law: Lawyer Mark Herrmann looks at the imprecise nature of e-discovery here e-Discovery Team: E-Discovery attorney Ralph Losey [...]

  • Upcoming Webcast – Defensible E-Discovery in the Midst of Litigation, Investigations and Regulations

    Mike Hamilton
    11 May 2012 | 7:00 am
      Air Date: Thursday, June 7, 2012                             Time: 1:00PM EST / 10:00AM PST According to a recent market studies*, six out of 10 executives view investigations as a major threat.* For corporations, this threat has become reality, with 37% reporting an increase in investigations over the past three years.* This trend, combined with high litigation volumes [...]

  • Technology Aids in Proactively Safeguarding Against E-Discovery Spoliation Claims

    Mike Hamilton
    10 May 2012 | 11:10 am
    By Mike Hamilton, J.D. As noted in last week’s post, while taking a “reasonable” effort in complying with e-discovery requests in most cases is acceptable, there still is a huge elephant in the room as to what exactly defines what a reasonable effort actually entails. Aside from analyzing case law, more and more organizations are [...]

  • Reducing E-Discovery Costs and Risks through Data Reuse

    andrewbartholomew
    8 May 2012 | 8:00 am
    By: Andrew Bartholomew As organizations look for ways to reduce e-discovery costs, one of the areas that has garnered considerable attention is data reuse. For many organizations, the process of identifying and preserving potentially relevant electronically stored information (ESI) starts from scratch with each new legal action. This approach fails to account for the fact that [...]
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    E-Discovery Law Alert

  • ESI Guidelines for the Bankruptcy Case: The ABA's Electronic Discovery in Bankruptcy Working Group Issues Interim Report

    Christopher A. Albanese
    14 May 2012 | 9:45 am
    Although the Federal Rules of Civil Procedure were updated in 2006 specifically to deal with electronically stored information (“ESI”), Bankruptcy Courts and Bankruptcy practitioners have had little bankruptcy-specific guidelines for managing ESI and electronic discovery issues. As a result, the ABA commissioned the Electronic Discovery (ESI) in Bankruptcy Working Group “to study and prepare guidelines or a best practices report on the scope and timing of a party’s obligation to preserve [ESI] in bankruptcy cases.” On March 15, 2012, the Working Group published…

  • Surf at Your Own Risk: For the First Time in New Jersey, Judge Holds Juror In Contempt for Internet Use During Deliberations

    Mara E. Zazzali-Hogan
    24 Apr 2012 | 9:35 am
    Last month, the Hon. Peter E. Doyne, A.J.S.C. found jury foreperson Daniel M. Kaminsky to be in criminal contempt pursuant to R. 1:10-2 for violating several orders of the trial judge that prohibited jurors from engaging in any independent research during trial as set forth in In re Kaminsky, (N.J. Sup. Ct., Bergen County, Mar. 12, 2012). After a mistrial was declared in the underlying criminal drug case and two fellow jurors reported Kaminsky’s Internet use, the Court found beyond a reasonable doubt, in the context of an Order to Show Cause hearing and related in camera proceedings,…

  • CAFC Chief Judge Rader on Curbing E-Discovery, Part II

    Ralph A. Dengler
    13 Apr 2012 | 8:31 am
    In succession to remarks he made this past Fall about the soaring costs of electronic discovery in IP cases and unveiling the Model Order Regarding E-Discovery in Patent Cases, Federal Circuit Chief Judge Randall Rader recently told the ABA Section of IP Law that both the bar and the bench together, must continue to rein in the high costs of e-discovery. Chief Judge Rader suggested that attorneys’ need to limit their e-discovery requests and courts should consider implementing rules to facilitate efficient and cost effective discovery, as many have begun to do. The text of Chief Judge…

  • Pinterest: Potential IP Pitfalls for New Social Networking Trend

    Owen J. McKeon
    5 Apr 2012 | 9:13 am
    Pinterest, a play on words of “pin” and “interest,” is a virtual, online “pin board,” where user’s can organize and share things they find on the web. While Pinterest is attracting a loyal community of social media users, the site is also the source of some concern for those same users and owners of intellectual property. The stated Mission of Pinterest is “to connect everyone in the world through the ‘things’ they find interesting . . . a favorite book, toy, or recipe [which] can reveal a common link between two people. With…

  • E-SIN: Court Orders Identification of Suspected Porn Pirates

    Paul E. Asfendis
    2 Apr 2012 | 1:55 pm
    “Anonymous” copyright infringers -- in this case the downloaders of a pornographic video -- should take note of a recent decision. In what is becoming increasingly common, a court was recently asked by a copyright holder to issue an order requiring non-party Internet Service Providers (“ISP”) to identify individual Internet users for purposes of filing a copyright lawsuit against them pursuant to 17 U.S.C. § 101 et seq. In Digital Sin, Inc. v. John Does 1-176, 12-cv-00176 (S.D.N.Y., Jan. 30, 2012), Plaintiff, a producer of digital porn, in this case “My…
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    eDiscovery News

  • Native Redactions – An Emerging Trend

    Brandon D. Hollinder
    11 May 2012 | 6:18 pm
    It is a commonly accepted practice within the eDiscovery industry to image documents for production.  Likewise, it is now a commonly accepted practice, and indeed even a preferred practice, to exempt spreadsheets (and some other file types) from that requirement, instead producing those documents natively.  The idea being that parties would rather obtain native spreadsheets allowing them to work with and view the content in a meaningful manner rather than receive spreadsheet images that can be useless, cumbersome, or exceedingly difficult to accurately use and understand. …

  • Da Silva Moore, Global Aerospace, and Kleen Products – Hyped Triumvirate, But Dispositive Opinion Is Yet To Come

    Brandon D. Hollinder
    25 Apr 2012 | 10:56 pm
    Three recent caseshave taken the spotlight in the eDiscovery world, lauded as groundbreaking for their approval of predictive coding. This blog is no exception, having contributed to the commotion, particularly that surrounding Monique da Silva Moore, et. al. v. Publicis Group SA, et al.In Da Silva Moore, the parties initially agreed to use predictive coding (although they never agreed to all of the details) and Magistrate Judge Peck allowed its use.  Plaintiffs have since attacked Judge Peck and most recently formally sought his recusal from the matter.  That request is currently…

  • Plan on Planning – Help Your eDiscovery Personnel Help You

    Brandon D. Hollinder
    23 Apr 2012 | 4:56 pm
    I had lunch with an eDiscovery colleague last week and he related to me a recent case he worked on. A few weeks ago, his client informed him that they had agreed with opposing party to make a production in four days. The client did not have a production population determined, and they had no idea how long it would take to create and run a production before they agreed to the deadline with opposing counsel; they picked a date in no way related to the reality that was their data set. None of this had an effect on their expectations for the viability of the project of course. The result? A rush…

  • Consolidation of Services and Functionality: A Growing Trend in the eDiscovery Field. Will It Cost Customers in the Long Run?

    Brandon D. Hollinder
    13 Apr 2012 | 4:37 pm
    Reed Smith, a US based international law firm, announced this week that they would be bringing Relativity in-house, continuing their expansion into the eDiscovery market (in 2011, the firm established a team dedicated to eDiscovery that has grown to over 50 lawyers). This marks a developing trend in the industry; many law firms are taking deliberate steps to ensure they keep eDiscovery work in-house and take back any business they may have lost to traditionally lower cost eDiscovery vendors and service providers. From the firms’ perspective, this makes sense; keep as much business inside…

  • Da Silva Moore Update: Judge Peck Responds to Plaintiffs' "Scorched Earth" Campaign

    Brandon D. Hollinder
    3 Apr 2012 | 11:21 am
    In the latest twist in the Da Silva Moore predictive coding case, Magistrate Judge Andrew J. Peck has responded to Plaintiffs' personal attack on him.In a two page Order specifically addressing Plaintiffs' March 28, 2012 letter requesting Judge Peck's recusal, Judge Peck projects an aura of control, restraint, and is matter of fact in his statements. Judge Peck states:"The Court notes that my favorable view of computer assisted review technology in general was well known to plaintiffs before I made any ruling in this case, and I have never endorsed Recommind's methodology or technology, nor…
 
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    eDiscovery Daily Blog

  • eDiscovery Careers: Achieving Success as a Non-Attorney in a Law Firm: Make Yourself Well Known, Part 2

    Jane Gennarelli
    16 May 2012 | 5:00 am
    Last week in the blog series on achieving success, we started the topic to “Make Yourself Well Known” – or market yourself. The goal is for you to make sure that people in the firm know who you are and how you can help them. Here are a few more suggestions.

  • eDiscovery Case Law: Judge Peck Stays Defendant’s Production in Da Silva Moore

    Doug Austin
    15 May 2012 | 5:00 am
    Yesterday, we discussed the latest event in the eDiscovery case of the year – the defendant’s response opposing the plaintiff’s motion for recusal. I thought today we would discuss the plaintiffs’ latest objection – to United States District Court Magistrate Judge Andrew J. Peck's rejection of their request to stay discovery pending the resolution of outstanding motions and objections. However, news in this case happens quickly.

  • eDiscovery Case Law: Defendant Responds to Plaintiffs’ Motion for Recusal in Da Silva Moore

    Doug Austin
    14 May 2012 | 5:00 am
    Geez, you take a week or so to cover some different topics and a few things happen in the most talked about eDiscovery case of the year. Time to catch up! Today, we’ll talk about the response of the defendant MSLGroup Americas to the plaintiffs’ motion for recusal in the Da Silva Moore case. Tomorrow, we will discuss the plaintiffs’ latest objection – to Magistrate Judge Andrew J. Peck's rejection of their request to stay discovery pending the resolution of outstanding motions and objections.

  • eDiscovery Case Law: Twitter Seeks to Succeed Where Defendant Failed

    Doug Austin
    11 May 2012 | 5:00 am
    Yesterday, we discussed a case where the court denied a criminal defendant’s attempt to quash a subpoena of his Twitter account information. Now it’s Twitter’s turn to file a motion to quash the court’s order. Filed this past Monday (May 7), the motion seeks to quash the order based on the grounds that the order imposes an undue burden on Twitter for three reasons including the reason that it forces them to “violate federal law”.

  • eDiscovery Case Law: Court Denies Criminal Defendant’s Attempt to Quash Twitter Subpoena

    Doug Austin
    10 May 2012 | 5:00 am
    In People v. Harris, Criminal Court Judge Matthew A. Sciarrino, Jr. ruled that the defendant did not have standing to move to quash a subpoena seeking production of his Tweets and his Twitter account user information because the defendant “had no proprietary interests” in the information sought and because his claimed privacy interest was “understandable” but “without merit.”
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